One concern with using an informal process to respond to sexual harassment complaints is that it may cause retraumatization. 

What are some steps you can take to ensure that an informal process is a safe process to use?

What are the three examples of informal resolution processes included in the sample policy? (You can take a minute to review the policy for reference). 

Facilitation is described as a facilitated discussion between the complainant and the respondent by a competent third-party. Consider your workplace: is there anyone within your organization who is qualified to conduct a facilitated discussion? If not, how would you go about finding someone to conduct a facilitated discussion if this was deemed to be an appropriate response to a complaint? If it’s useful, take a moment to make notes for yourself regarding your answer.

Note: The Legal Information Society of Nova Scotia may be able to provide additional resources on where you could find these types of resources to assist your organization.

Notification is defined as a process where the person in Position A notifies the Respondent that their behaviour is inappropriate and must cease. It is important that the person in Position A understands this obligation and is clear on how to carry this out. How will you ensure that your person in Position A is clear on their obligations and is empowered to act? If it’s useful, take a moment to make notes for yourself regarding your answer.  

Education requires providing the Respondent and other members of your workplace with some form of education related to the elimination sexual harassment in the workplace. If education is determined to be an appropriate response to a complaint of sexual harassment in the workplace, how will you provide education? If it’s useful, take a moment to make notes for yourself regarding your answer. 

Note: The Legal Information Society of Nova Scotia has developed a number of resources including Sexual Harassment in the Workplace Bystander Training to support employers and work towards creating safe, positive workplaces for all.  

Participation in an informal process cannot be used as proof or evidence that the Respondent has committed any acts of sexual harassment.

Information that is gathered through an informal process can be used to make findings of fact in a formal investigation if the informal process is unsuccessful. 

Note: the fact that they participated in the informal process is not proof of wrongdoing. Rather, information shared through the informal process may be used in a fact-finding process to come to a conclusion that something was more likely than not to have occurred.