Case Study - “Sexual Assault”

The Incident

A female employee came into the office of the Director of Security and reported that a male coworker had sexually assaulted her.

Investigation

The female employee explained that while the two employees were leaving a work area, the male coworker turned off the lights, reached both arms around her and grabbed her breasts. The male coworker was interviewed and denied intentionally touching her breasts. He did admit he might have brushed against her breast with his elbow. Both employees indicated that they had been working together for approximately one year. They also both admitted that they had a close working and personal relationship on and off the job. They indicated that they had lunch together on a daily basis and had met outside the workplace at a cocktail lounge for drinks. They also admitted that they had hugged and kissed each other in the past.

Conclusion

There was insufficient evidence to prove sexual assault and the matter was turned over to the Equal Employment Opportunity (EEO) and Sexual Harassment personnel in the Human Resources Office for further determination.

Lessons Learned

1. The EEO Manager wanted the case turned over to their office; however, it was important to treat the incident as a criminal matter. A copy of the investigation was sent to them after the investigation was completed. It is much more difficult to bring criminal charges of sexual assault/ harassment if the investigation is not conducted by a trained criminal investigator.
2. Although 50% of marriages start in the workplace, companies should discourage employees from having a personal relationship at work.

More......

• Case Study - “Stalking”
• Case Study - “Drug and Alcohol Problem”
• Case Study  - “A Threat”
• Case Study  - “Threat from a Termination”
• Case Study - “Harassing Behavior”
• Case Study - “Psychological Problem”
• Case Study - “Gun Threat”
• Case Study - “Horseplay or Fighting?”
• Case Study - “Temporary Restraining Order”
• Case Study - “Frightening Behavior”
• Case Study  - “Disruptive Behavior”
• Case Study - “Behavioral Problem”
• Case Study - “Random Vandalism or Retaliation?”

Practice Exercises

“The Bickering Coworkers”

You are the supervisor of a large group of employees. Over the last few months, you notice that two of your employees, Bob and Ed, have not been getting along. They have been calling each other names and have been raising their voices at each other. You have ignored this up until now thinking, “Boys will be boys.” But the situation has escalated now and you are afraid one of them will harm the other. Coworkers are starting to complain that they are afraid and that they can’t concentrate with the disruptions. When you try to sit them down and talk to them, they are belligerent and tell you to stay out of the situation. They tell you this has nothing to do with work and they will handle it on their own. They get up and leave your office. 

THINGS TO THINK ABOUT

1. Do you think this is a violent situation? Why or why not?
2. What would you do at this point?
3. Do you think disciplinary action is warranted? If so, identify the behavior or conduct that is inappropriate. What is your recommended action?
4. Would you consider terminating these employees if the behavior did not stop? If so, what precautions would you take to assure the safety of everyone involved?