This procedure intended for the complainant, the subject of the complaint, and the Boulder Dance Coalition investigator to understand the investigation process and expected results. In cases where the Event Organizer has adopted the Boulder Dance Coalition policy, substitute “Event Organizer” for “Boulder Dance Coalition.”
Why investigate:
- To restore harmony
- To provide a safe and positive environment/experience
- To reduce liability
- To ensure compliance with the Boulder Dance Coalition harassment policy
Objectives of investigation:
- Identify the who, what, where, and when
- Gather information
- Make a conclusion
- Remedy the situation
How to investigate:
Collect and document information form the complainant:
- Review the information provided by the complainant; which preferably has been submitted via the online form.
- If more information is required, contact the complainant using their preferred contact mechanism.
- Affirm the seriousness of the complaint and present the Boulder Dance Coalition’s harassment policy.
- Provide assurances of non-retaliation and confidentiality, but do not give unqualified promise of confidentiality.
- Stay neutral; ask open-ended questions.
- Do not ask the complainant to meet with the subject of the complaint.
- Find out what happened, when, where, and who was involved. Get copies of any documentation, as well as witnesses if there were any. If the online form was not used, make your notes in that form and submit so that all of the information will be in our database.
Collect and document information from the Event Organizer:
- Contact the Event Organizer for the event at which the behavior occurred to determine what steps they have already taken to address the situation, and whether this is the first report about the subject.
- If needed, ask for contact information for the subject of the complaint.
Collect and document information from the subject of the complaint:
Contact the subject of the complaint to request an interview, either in person, by telephone, or via email, whichever is most comfortable for the subject. At the interview:
- Affirm the seriousness of the complaint and present the harassment policy.
- Convey your concern for the difficult nature of the meeting in a neutral manner: “This may be hard to talk about,” or “I can see that you’re upset,” “I’m sorry to have to ask you these questions”.
- Present the subject of the complaint with a general description of the unwanted behavior. Leave out specific details of the alleged activity and avoid labeling him/her as a harasser or the behavior as harassment. Describe the behavior and why it may be a violation of the harassment policy.
- Stay neutral; ask open-ended questions to understand the subject’s version of the situation, including any documentation and witnesses.
- Do not reveal names of others who were interviewed.
- Focus on the facts, not on the subject’s intentions, which are irrelevant.
- Be prepared for anger, denials, and defensiveness.
- If the subject of the complaint asks, inform them that they do not have the right to confront the complainant directly.
- If the subject of the complaint refuses to cooperate, take this into account in the final determination.
Collect and document information from any witnesses:
If relevant, contact any witness(es) to request an interview, either in person, by telephone, or via email, if that’s most comfortable for each witness. At the interview:
- Ask if they observed any inappropriate behavior or problems between particular individuals? If so, ask them to identify the individuals involved.
- If they do not identify the complainant or the subject of the complaint, be more specific. Bear in mind that your goal is to elicit as much information as possible while divulging only what is absolutely necessary.
- Stay neutral; ask open-ended questions to understand the witness’s version of the situation.
When the investigation is concluded:
- Consider all of the facts and observations you have collected, including your assessments of credibility and whether the behavior is part of a pattern. Your conclusion should be based on a preponderance of evidence, not “beyond a reasonable doubt.”
- If the subject of the complaint has violated the harassment policy, determine a remedy. The remedy should stop the harassing behavior and ensure that it does not recur. That can mean 1) simply telling the subject of the complaint to stop the behavior, 2) recommending to the Event Organizer that the subject of the complaint by banned from their events 3) banning the subject of the complaint from The Avalon temporarily or permanently, or 4) contacting the Boulder County Sheriff’s Office.
- If the result is unclear; that is, neither party has witnesses, documentation, or other evidence, there does not appear to be a pattern, and neither seems to be more credible: it’s incumbent on the subject of the complaint to ensure that any future behavior does not violate the harassment policy, and it’s incumbent on the complainant to present witnesses or evidence should it become necessary to report the subject a second time.
- Document the evidence considered, the conclusions reached, and your remedy, if any, and provide separately, in writing, to the complainant, the subject of the complaint, and the Event Organizer.
- Investigation results are final. Both parties had the opportunity to present their side of the story, witnesses, and any other evidence during the investigation phase. Arguments and/or retaliation will be considered additional violations of the policy.