In most sexual harassment cases, the facts are based on "she said, he said" statements. There are no witnesses ("in a car...lonely route"). Even in a crowd someone can grope someone else without being observed. (In Japan, "women only" subway cars have been inaugurated because of "rush hour groping").
When the alleged victim points the finger of accusation at the perpetrator, a "prima facie" (on its face) cause has been established. While there is the principal of "innocent until proven guilty", in these cases it is beneficial to use the "preponderance of evidence" standard.
While the accused has the right to remain silent, such a position, especially in these cases, can be (and usually is) taken as a sign of guilt.
At the time of the complaint, the accuser should be informed that any false statements will result in immediate discharge. The accuser will then have the opportunity to write a statement of events that occurred. S/he should then initial each page. After several hours, but before the day is over, s/he will be given the opportunity to review the statement for errors or omissions before s/he formally signs.
A similar procedure will be utilized with the alleged perpetrator.
One way to get to the truth is to inform the victim, at the time of the complaint, that sometime in the future, as part of the investigation and/or subsequent proceedings, s/he will have to face the one who is accused.
Physical evidence is inconclusive since the victim could self-inflict bruises, tear clothes, and/or arrange matters to fit their story. Similarly, any evidence as to the car, the level of sobriety, mental state and intent are just as unreliable.
I have found that the best method is to interrogate both parties as if the victim was the perpetrator and vice versa. I usually have two other people observing the demeanor of each under questioning, after which we all compare notes and come to a consensus. It is not as easy as it sounds, some victims, as well as perpetrators are good actors, and present compelling performances.
Based on the "preponderance of evidence" and the general demeanor of the parties, a finding will be made. If it is found that the victim was harassed, the penalty is usually immediate termination, unless there are unusual circumstances, such as long work history without any prior discipline.
Hope this sheds some light on the topic.
PALADIN
From United States,
9When the alleged victim points the finger of accusation at the perpetrator, a "prima facie" (on its face) cause has been established. While there is the principal of "innocent until proven guilty", in these cases it is beneficial to use the "preponderance of evidence" standard.
While the accused has the right to remain silent, such a position, especially in these cases, can be (and usually is) taken as a sign of guilt.
At the time of the complaint, the accuser should be informed that any false statements will result in immediate discharge. The accuser will then have the opportunity to write a statement of events that occurred. S/he should then initial each page. After several hours, but before the day is over, s/he will be given the opportunity to review the statement for errors or omissions before s/he formally signs.
A similar procedure will be utilized with the alleged perpetrator.
One way to get to the truth is to inform the victim, at the time of the complaint, that sometime in the future, as part of the investigation and/or subsequent proceedings, s/he will have to face the one who is accused.
Physical evidence is inconclusive since the victim could self-inflict bruises, tear clothes, and/or arrange matters to fit their story. Similarly, any evidence as to the car, the level of sobriety, mental state and intent are just as unreliable.
I have found that the best method is to interrogate both parties as if the victim was the perpetrator and vice versa. I usually have two other people observing the demeanor of each under questioning, after which we all compare notes and come to a consensus. It is not as easy as it sounds, some victims, as well as perpetrators are good actors, and present compelling performances.
Based on the "preponderance of evidence" and the general demeanor of the parties, a finding will be made. If it is found that the victim was harassed, the penalty is usually immediate termination, unless there are unusual circumstances, such as long work history without any prior discipline.
Hope this sheds some light on the topic.
PALADIN
From United States,
Dear Swaroop ,
Be Cool !!!
As HR We must think about both the sides.
I never say that Men are criminals ..........
At the same tme i dont say that women are from Harish chandhra family
It any thing happens in wierd manner the reason will be from bith the side
A women must know how to save herself when such situation comes.She
cant show any evidence for such incididents my dear friend !!
No one told women are always right and Men are wrong. We are trying to
help both the parties........
The most important aspect is Dress code for organisations , colleges and
must be implemented...
TERMINATION IS NOT A SOLLUTION FOR THIS PROBLEM !!!!
Last but not least my humble request to all of you ,
Be very Polite when you share your Ideas
Regards
Nithya :)
From India, Madras
Be Cool !!!
As HR We must think about both the sides.
I never say that Men are criminals ..........
At the same tme i dont say that women are from Harish chandhra family
It any thing happens in wierd manner the reason will be from bith the side
A women must know how to save herself when such situation comes.She
cant show any evidence for such incididents my dear friend !!
No one told women are always right and Men are wrong. We are trying to
help both the parties........
The most important aspect is Dress code for organisations , colleges and
must be implemented...
TERMINATION IS NOT A SOLLUTION FOR THIS PROBLEM !!!!
Last but not least my humble request to all of you ,
Be very Polite when you share your Ideas
Regards
Nithya :)
From India, Madras
Dear All,
As I have already said earlier that this thread is not an male female fight neither is it a debate topic. What I intended was to get inputs (thankfully I have Received many) so that we as HR can construct a balance, fair and effective Protection Against Sexual Harassment Policy. The issue is not a male or female dominated issue neither I intend to be like Renuka Chowdhury who has gifted the DV Act to the Women of India, and had turned a blind eye (on been shown to her) to a sting carried out by NDTV which showed a Godman utilises the orphanage under him to satisfy his sexual needs (shocking it includes girls below 13 years as well as mentally deranged girls). LET US NOT BE HYPOCRITES AND USE IT AS TOOL TO FURTHER OUR PERSONAL GOALS AND AGENDAS.
As regard to Juhi, I feel what the Company has done is absolutely right. Juhi, please remember to terminate or take further action you need to go in for disciplinary proceedings and once you take that step, the person can only be prosecuted if there are proper and concrete evidence(which become not only difficult and cumbersome but also uneasy for both the victim and management to proceed in office explaining all the details which then gets circulated and discussed everywhere). The second thing is that it has happened outside the jurisdiction of Office and the proper authority to handle the incident is the police.
If she wants further action she should go to the police and your company should assist the lady in pursuing the case. I am baffled as to why the lady has not taken any further action as what you are saying seems to be pretty grievous and amounts to sexual assault which is much more grievous offence than sexual Harassment.
Regards,
SC
From India, Thane
As I have already said earlier that this thread is not an male female fight neither is it a debate topic. What I intended was to get inputs (thankfully I have Received many) so that we as HR can construct a balance, fair and effective Protection Against Sexual Harassment Policy. The issue is not a male or female dominated issue neither I intend to be like Renuka Chowdhury who has gifted the DV Act to the Women of India, and had turned a blind eye (on been shown to her) to a sting carried out by NDTV which showed a Godman utilises the orphanage under him to satisfy his sexual needs (shocking it includes girls below 13 years as well as mentally deranged girls). LET US NOT BE HYPOCRITES AND USE IT AS TOOL TO FURTHER OUR PERSONAL GOALS AND AGENDAS.
As regard to Juhi, I feel what the Company has done is absolutely right. Juhi, please remember to terminate or take further action you need to go in for disciplinary proceedings and once you take that step, the person can only be prosecuted if there are proper and concrete evidence(which become not only difficult and cumbersome but also uneasy for both the victim and management to proceed in office explaining all the details which then gets circulated and discussed everywhere). The second thing is that it has happened outside the jurisdiction of Office and the proper authority to handle the incident is the police.
If she wants further action she should go to the police and your company should assist the lady in pursuing the case. I am baffled as to why the lady has not taken any further action as what you are saying seems to be pretty grievous and amounts to sexual assault which is much more grievous offence than sexual Harassment.
Regards,
SC
From India, Thane
Nitya ,
But LAW and action by Comany HR Mangers does not prove that.
May be HR Managers are not have enough power to give the justice , specially Men HR managers, amy be he will loose his job as well.
Where as A Women HR Mangers are much more sucessfull to give justice in certain stage, provided she belive in quality and justice principal on truth.
I agree with your comment , but the practical application is not seen.
That is the reason I propose use of techonology to give the justice to victim and punish the criminal .( It is like we know smoking is harmfull for health , but we smoke per day 20 cigereates.)
All ready sufficient LAW are there in India IPC , to take care any type of harrasement , let implement the same .
Let the corporate wolrd Concentrate to improve the Work culture , Improve the Productivity of thier employee, Let them work to improve the country's economic .
Please do not allow the work place as a Gender War palce, otherwise waht reaction we are seeing here, will be in the "Work Place" itself.
That is the reason , I say , please do not spoil the Work Place Harmony.
We can't punish some one by some one's verbal statement or self defence activity.
That is my point .
From India, Delhi
But LAW and action by Comany HR Mangers does not prove that.
May be HR Managers are not have enough power to give the justice , specially Men HR managers, amy be he will loose his job as well.
Where as A Women HR Mangers are much more sucessfull to give justice in certain stage, provided she belive in quality and justice principal on truth.
I agree with your comment , but the practical application is not seen.
That is the reason I propose use of techonology to give the justice to victim and punish the criminal .( It is like we know smoking is harmfull for health , but we smoke per day 20 cigereates.)
All ready sufficient LAW are there in India IPC , to take care any type of harrasement , let implement the same .
Let the corporate wolrd Concentrate to improve the Work culture , Improve the Productivity of thier employee, Let them work to improve the country's economic .
Please do not allow the work place as a Gender War palce, otherwise waht reaction we are seeing here, will be in the "Work Place" itself.
That is the reason , I say , please do not spoil the Work Place Harmony.
We can't punish some one by some one's verbal statement or self defence activity.
That is my point .
From India, Delhi
PALADIN Ji,
The explanation given right , but the same does not followed when the termination or any action taken.
Harassement is Harrassement , and the same to be considered as equal as sexual, verbal, mental or economical.
We need honest and evidence thorugh technology.
From India, Delhi
The explanation given right , but the same does not followed when the termination or any action taken.
Harassement is Harrassement , and the same to be considered as equal as sexual, verbal, mental or economical.
We need honest and evidence thorugh technology.
From India, Delhi
Dear all, We are in process of drafting a policy on prevention of verbal & physical abuse at workplace Need your input to draft a better policy Thanks
From India, Delhi
From India, Delhi
Are bapu asaram’s Ashrams work places? Is the FIR under about half a dozen penal provisions against him fake or genuine?
From India, Delhi
From India, Delhi
Dear members,
The said thread was originated in 2006. Later Indian government passed law on sexual harassment at work in 2013. Once this act came in force, lot of the discussion of this thread has become irrelevant. To avoid miscommunication or wrong guidance, this thread is being closed.
Thanks,
Dinesh Divekar
From India, Bangalore
The said thread was originated in 2006. Later Indian government passed law on sexual harassment at work in 2013. Once this act came in force, lot of the discussion of this thread has become irrelevant. To avoid miscommunication or wrong guidance, this thread is being closed.
Thanks,
Dinesh Divekar
From India, Bangalore
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Handbook on Sexual Harassment of Women at Workplace.pdf