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Why is there a great concern about false allegations of sexual harassment (or other forms of harassment) when few formal complaint investigations result in findings of false allegations? There may be negative impacts on career and reputation. The stress, time, effort, frustration, and financial cost take a toll on the parties.Establishing the basis for a complaint, or defending against allegations, particularly if this entails proving a negative—that something did not happen when it is alleged it did—is often a difficult and lengthy process.Complaints investigators do this by gathering evidence relevant to the allegations and assessing this evidence against established standards of what constitutes sexual harassment.These standards have evolved over the years through decisions of courts, human rights administrative tribunals, and arbitrators, and are informed by research and policy development. If the allegation has merit it will be substantiated by the evidence. In a few instances, a determination of “unable to substantiate” may apply, if the investigation has not been able to find evidence persuasive either way, often the result of a lack of any evidence (direct or similar fact) which might shed light on the matter.While popular discourse may equate false allegations with lies, not all lies are false allegations.
Person A may not have accurately or completely identified the comments or the context in which the comments were made.In sexual harassment investigations, a false allegation is one the complainant brings knowing that what is alleged did not occur and, therefore, could not constitute sexual harassment. Generally, we consider fabrications to be false allegations.However, be careful not to define lying as a false allegation.Written in the early 1990s and still performed today, Oleanna prompts us to interpret the dialogue, tone and body language of John, a professor in his mid-forties, and Carol, his student.
Over three provocative acts, the play may enrage audience members as they empathize with either character, or both, or neither. As theatre it is enormously effective, as it places us in the role of judge and jury but without the benefit of fact-finding and analysis.Or, it may challenge us to unpack an unhealthy brew of sexual harassment (or inappropriate behaviour? ), unclear communication, partisan perceptions, and strong emotions, as well as issues of power, gender, class, and age. As an investigator I am intrigued and frustrated by the play. ), certainly of unclear communication and mixed (misguided? We overlay our own subjective impressions on those of the prime characters.