I was Raped!!

Does This Meet the Definition of Sexual Harassment?

Does this meet the Definition of Sexual Harassment?

Sexual harassment is a very serious issue and can ultimately destroy company morale.

The same can be said if the charge of sexual harassment is brought forward with very questionable facts. We have a tendency to believe the individual bringing the sexual harassment charge forward; however, it still requires great patience and through fact finding skills.

This takes a special talent to investigate the charges, while respecting everyone's rights.

There can be a lot at stake, such as, marriages, careers, and other personal relationships. A false claim can change everything for someone being wrongly accused.

Does this meet the Definition of Sexual Harassment?

Try going home to your spouse and telling them you were wrongly terminated for sexual harassment!

Let me tell you of a sexual harassment story that I was involved in several years ago!

A young twenty three year old waitress came into my office one morning crying and claiming she had been raped by one of our restaurant chefs.

You can imagine that my jaw dropped down and I could hardly believe what I had just heard!

Does this meet the Definition of Sexual Harassment?

I asked for the Chefs name and she gave it immediately, and again my jaw dropped even further!

So before she could go any further I asked her if we could have a female manager join us. My purpose for this was twofold. First I wanted to have a witness and second r was trying to create an environment that would make this young waitress feel more comfortable.

Once the female manager joined us I began to hear a story that was out of some weird movie somewhere.

Does this meet the Definition of Sexual Harassment?

She began by telling us that she' was invited to come up to the Hotel where we all worked by this Chef would was acting as the Manager on Duty for that night.

When she agreed the Chef asked her to bring something along to drink. i.e., an alcoholic beverage of some type.

She showed up to his room with of beer about an hour or so later.

Does this meet the Definition of Sexual Harassment?

When he answered the door to let her in, she could immediately tell that he had already been drinking.

Once in the room they both sat on the bed while talking and drinking.

A lit bit later one thing led to another and they had sexual relations. She claimed during this that he tore her buttons off her shirt in the process.

After they had sexual relations they both took a bath.

After the bath they had sexual relations again.

Does this meet the Definition of Sexual Harassment?

Following this they both fell asleep until the next morning.

They has sexual relations again and took another bath together.

After he was relieved of his Manager on Duty assignment they both drove in his car to a place to eat breakfast.

At breakfast is when she realized that she had been raped.

This all happened three days before she walked into my office to report that she had been raped.

Does this meet the Definition of Sexual Harassment?

I asked her if she had reported it to the Police and she had not.

I asked her if she had reported it to anyone else and she had not.

What would you do?

Was this rape?

Was this sexual harassment?

Was this anything more than a person who regretted doing something she ought not to have?

After interviewing him he did admit to having consensual ~exual relations with the waitress, and drinking alcohol on duty.

After a careful review of our policies we knew that several had been violated;

An employee was not permitted to possess or consume any alcoholic beverage on duty or off duty while on company property.

When an employee is not scheduled to work they must notify a management official when they come onto the property.

Does this meet the Definition of Sexual Harassment?

Our sexual harassment policy clearly stated that employees who have a romantic relationship must seek approval by a management official.

A management official is not permitted to have a romantic relationship with a non management official under any circumstances.

After reviewing the policy and checking with our legal department we terminated both individuals for willfully violating company policy.

I encourage her to pursue her rape charge with the local Police Department if she felt strongly about it.

Thank you and May God Bless You!

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