Reminder: The information provided in the Employer Toolkit and in this training are suggested best practices, and are not intended to provide legal advice. If you are uncertain at any point, please check with a lawyer on whether this information is appropriate for your organization. 

Disclosure is part of the reporting process for workplace sexual harassment.  It’s important that employees know who they go to in order to disclose workplace sexual harassment. The sample Workplace Sexual Harassment (WSH) Policy provides a blank space for an employer to include this information. 

A complaint of sexual harassment within the workplace should be brought to [title of Position A]. 

If the complaint involves the [title of Position A], the complaint must be brought to [title of Position B]. In this case, all components of the resolution process would be carried out by [title of Position B].

A complaint can result in an informal resolution or in a formal investigation. Where the complaint is brought by the person who experienced the sexual harassment, they will be provided with information regarding the options for addressing the complaint as well as information on where to access additional resources for support outside the workplace. 

Third Party/Bystander
Where a bystander witnesses or has reasonable concerns about an act of sexual harassment, they are encouraged to submit a written statement to the [Position A]. Whether a statement from a bystander can proceed as a formal investigation without an identified complainant will be determined by the [Position A]. 

Where a bystander’s statement identifies an employee, who may have experienced sexual harassment, the [Position A] will reach out to this person, while maintaining confidentiality, to offer information on available supports and resources. 

Information provided by a bystander may also be used to engage in a process to address systemic or cultural concerns within the organization. 

It is suggested that a person who has experienced or observed workplace sexual harassment disclose the experience or observation by using a Complaint Form.  An employer can tailor this form to meet their needs which will provide a consistent approach to handling and managing complaints.

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