Investigation Trends

Because of all the recent layoffs, employee complaints and the resulting

investigations are increasing. Unfortunately, we’re also seeing an increase in

investigations that are conducted poorly or superficially.

When investigations fail, subsequent complaints usually follow. To avoid

this fate, follow our suggestions below.

Unfortunately, it’s such an old story. Here we have, at one of Colorado’s

major institutions of higher learning, allegations that a University of Northern

Colorado (“UNC”) theater professor engaged in a rage of improprieties, including

essentially using the school as his casting couch.

Raymond Vance Fulkerson was arrested last week after a dramatic police

raid of his house that found a concealed wireless video camera in a bathroom, and

images of nude boys in provocative poses. He’s been charged with sexual

exploitation of a child, unlawful sexual contact and possession of marijuana.

Immediately, former students swarmed out of the woodwork, claiming that

they reported unwelcome sexual contact from Fulkerson while they were students

at UNC. Allegedly, UNC did nothing. Furthermore, 12 additional men and women

told the

Denver Post that they saw what they thought was inappropriate contact

between Fulkerson and students.

While the current UNC President, Kay Norton, has announced a full

investigation, all of this hullabaloo could have been avoided if faculty and

university officials had done the right thing years ago.

Almost every investigation we conduct at our organization follows a similar

plot line. After someone complains, we find out that others have previously

complained that the alleged harasser was known to engage in this kind of behavior

but that no one stopped him.

Of course, we can’t know what actually occurred at UNC. Perhaps the

complaints were properly investigated and the investigator found no merit to the

allegations. Or perhaps Fulkerson was disciplined, but the discipline was not

severe enough so the behavior didn’t stop. Because employee matters are

supposed to be kept confidential, observers may think that nothing was done, when

in fact it was. What we do know is that there are now many allegations that the

behavior continued after complaints. There’s also the complication in this case

that the students were allegedly consenting adults.

Still, nothing changes the fact that the school did have a policy against

unwelcome sexual behavior, and, in this case, the behavior was allegedly

unwelcome.

What does doing the right thing involve? Go back to the basics:

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Take all allegations of unwelcome sexual contact seriously. Don’t belittle or

dismiss such allegations.

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Realize that as a school or employer, you have an obligation to do a full and

fair investigation of such complaints, and come to a reasonable conclusion.

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Make sure that you choose an experienced investigator who has had

adequate training in investigating these kinds of complaints.

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If you find that the allegations have merit, you should take appropriate

corrective action. What does that mean? Action that’s severe enough that

the behavior stops. If the behavior continues, in a classic catch 22, you

didn’t take severe enough action.

If you’re the recipient of such unwelcome contact, don’t be afraid to come forward.

Your organization should have policies that protect you and you are, most likely,

not alone. Most people who engage in this behavior are pattern harassers. Their

behavior is not an isolated event.

Copyright © 2009. No part of this material may be reproduced without written permission from Lynne Eisaguirre,

Workplaces That Work, 303-216-1020, Lynne@Workplacesthatwork.com,

www.workplacesthatwork.com