The EEOC requires that employers receiving a complaint, or otherwise learning of alleged harassment in the workplace, to “investigate promptly and thoroughly take immediate and appropriate corrective action by doing whatever is necessary to end the harassment, make the victim whole by restoring lost employment benefits or opportunities, and prevent the misconduct from recurring”. That’s a tall order to ensure a just and fair handling of a harassment complaint – an essential order that all organizations are required, by law, to follow. The investigation process is, perhaps, the most critical element in dealing with harassment. In cases that have gone to court it is often due to inadequate or absent investigations of complaints. Do you know how to conduct an investigation? This program will cover the intricacies of conducting a harassment investigation.
The investigation is essential in determining the validity of a complaint of protected class harassment and bullying. Nurses are the primary targets of the violence from patients, visitors, doctors, family members and from each other. Why would nurses bully each other? Why aren’t they supportive of each other. The misconduct is a major problem to all nurses and causing 60% of new nurses to leave their first nursing position and 1 in 3 nurses to quit the profession. Sometimes the bullying is so subtle it is almost invisible yet causes cumulative damage to the targeted nurse as well as those nurses who witness the behavior. The Joint Commission requires healthcare organizations seeking accreditation to address the misconduct. Yet, healthcare is notoriously known for not preventing the behavior or intervening when it occurs. What should you do if you are targeted or a witness to the behavior? Conducting a fair and impartial investigation diminishes liability, and can decrease further misconduct by preventing it from becoming pervasive. The investigation may serve to minimize damages paid to the complainant. The institution demonstrates its commitment to the prevention and intervention of the misconduct resulting in less harassment, discrimination and other forms on misconduct on campus. By conducting its own investigation, the institution may avoid an investigation by another agency such as the EEOC. An investigation is required to help ensure a safe and healthy organizational climate.
Anyone who conducts an investigation must be trained in how to do so. Merely having the experience of conducting investigations without having been taught the art and science of the process is not enough. When your organization ensures it is investigator is trained in how to conduct investigations, it demonstrates its commitment to prevention of harassment to the Court or outside agency.
- To determine if an investigation is necessary
- To discuss the steps of an investigation
- To explore the intricacies of interviewing the accuser, accused and witnesses
- To differentiate between a formal and informal investigative procedures
- To determine credibility of all interviewees
- To draw conclusions following an investigation
- To list necessary elements in writing the formal report outlining the investigation
Areas Covered in the Session:
- Discussion about if and when an investigation is required
- Comparison of a formal and informal investigation process
- Planning for the investigation
- Review of what constitutes a witness
- Legal issues surrounding an investigation such as confidentiality, defamation of character, and false imprisonment
- The importance of documentation of each interviewee
- Examples of appropriate and inappropriate documentation and why it is critical
- Specific details regarding how to corroborate evidence
- List of criteria to determine credibility of those interviewed
- He said/she said
- The role of the investigator in forming an opinion following the investigation
- How to follow-up with the target, accused, and the organization
- The critical importance of an investigative report
- List of misconduct triggers that are a catalyst for an investigation
- Template final report
- Live Q&A session
- Healthcare CEOs
- Healthcare Directors
- Medical Officers and Managers
- Healthcare Human Resources professionals
- Chief Nursing Officers
- Nurse Practitioners
About the Presenter:
Dr. Susan Strauss, RN, Ed.D., is a national and international speaker, trainer, consultant and a recognized expert on workplace and school harassment and bullying. She conducts harassment and bullying investigations and functions as an expert witness in harassment and bullying lawsuits. Her clients are from business, education, healthcare, law, and government organizations from both the public and private sector.
Dr. Strauss has conducted research, written over 30 books, book chapters, and journal articles on harassment, bullying, and related topics. She has been featured on television and radio programs as well as interviewed for newspaper and journal articles.
Susan has a doctorate in organizational leadership. She is a registered nurse, has a bachelor’s degree in human services and counseling, a master’s degree in community health, and professional certificate in training and development. She has been involved in the harassment and bullying arena since 1985.
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