Harvard Case - Employee Advocate or Company Custodian: Choosing Sides in a Sexual Harassment Case
"Employee Advocate or Company Custodian: Choosing Sides in a Sexual Harassment Case" Harvard business case study is written by Rajita Singh, Romina Mathew, Anjali Bhole Desai, Sudhanshu Bhatt. It deals with the challenges in the field of Human Resource Management. The case study is 9 page(s) long and it was first published on : Mar 13, 2023
At Fern Fort University, we recommend a multi-pronged approach to address the sexual harassment case involving Professor Michael O'Connell. This approach prioritizes the safety and well-being of the accuser, upholding the university's commitment to a respectful and inclusive environment while ensuring a fair and transparent process for all parties involved.
2. Background
This case study centers on Fern Fort University, a private institution facing a sexual harassment complaint against Professor Michael O'Connell, a highly regarded faculty member. The complaint, filed by a student, alleges inappropriate behavior and a hostile learning environment. The university's administration, led by President Barbara Nelson, faces a complex dilemma. They must balance the need to protect the accuser, uphold the university's values, and ensure a fair process for the accused professor.
The main protagonists are:
- Barbara Nelson: President of Fern Fort University, responsible for upholding the university's values and ensuring a safe and respectful environment for all.
- Michael O'Connell: Professor accused of sexual harassment, a valued faculty member with a strong reputation.
- The Accuser: A student who filed the complaint, seeking justice and a safe learning environment.
3. Analysis of the Case Study
This case study highlights several key issues:
- Organizational Culture: The university's culture, while generally positive, appears to lack clear guidelines and procedures for handling sexual harassment complaints. This ambiguity creates a potential for mishandling such sensitive situations.
- Leadership: President Nelson's initial response, while well-intentioned, lacks a clear and decisive strategy. This indecisiveness creates uncertainty and potentially undermines the university's commitment to addressing the issue effectively.
- Talent Management: The case raises concerns about the university's ability to effectively manage talent, particularly in situations involving serious misconduct allegations. The university's response to the situation will impact its reputation and ability to attract and retain talented faculty and students.
- Diversity and Inclusion: The case underscores the importance of creating a diverse and inclusive environment where all members feel safe and respected. The university's response to this case will directly impact its commitment to these values.
- Business Law and Ethics: The university faces legal and ethical obligations to address the complaint fairly and transparently. Failure to do so could result in legal repercussions and damage the university's reputation.
4. Recommendations
1. Immediate Action:
- Independent Investigation: Engage an external, independent investigator with expertise in sexual harassment cases to conduct a thorough and impartial investigation. This investigation should be conducted with urgency and confidentiality, ensuring the safety and well-being of the accuser.
- Support for the Accuser: Provide the accuser with immediate support services, including counseling, legal advice, and academic accommodations. This demonstrates the university's commitment to their safety and well-being.
- Communication Plan: Develop a clear and transparent communication plan for the university community. This plan should address the allegations, the investigation process, and the university's commitment to addressing sexual harassment.
2. Long-Term Strategies:
- Policy Review and Revision: Conduct a comprehensive review of the university's sexual harassment policy. This review should include input from faculty, staff, and students to ensure the policy is clear, comprehensive, and effectively addresses all forms of harassment.
- Training and Education: Implement mandatory training programs for all faculty, staff, and students on sexual harassment prevention, reporting procedures, and bystander intervention. This training should be ongoing and tailored to the specific needs of the university community.
- Culture Change: Develop a strategic plan to foster a culture of respect, inclusivity, and accountability. This plan should include initiatives to promote open communication, bystander intervention, and reporting mechanisms.
- Leadership Development: Provide leadership training for all university administrators on best practices for handling sexual harassment cases, ensuring a consistent and effective response.
- Data Collection and Analysis: Implement a system for tracking and analyzing sexual harassment reports. This data will provide valuable insights into the prevalence of harassment, identify trends, and inform the development of effective prevention strategies.
5. Basis of Recommendations
These recommendations are based on the following considerations:
- Core competencies and consistency with mission: The university's mission emphasizes academic excellence and a commitment to creating a safe and inclusive environment for all. These recommendations align with these core values.
- External customers and internal clients: These recommendations address the needs of both external stakeholders (students, parents, alumni) and internal stakeholders (faculty, staff).
- Competitors: The university's reputation as a leader in higher education is at stake. A strong and decisive response to this case will enhance its competitive advantage.
- Attractiveness: A robust and transparent approach to addressing sexual harassment will enhance the university's attractiveness to prospective students, faculty, and donors.
6. Conclusion
Fern Fort University faces a critical juncture. By adopting these recommendations, the university can demonstrate its commitment to a safe and inclusive environment, uphold its ethical obligations, and protect its reputation. This approach will require decisive leadership, a commitment to transparency, and a willingness to address the underlying cultural issues that contribute to sexual harassment.
7. Discussion
Alternatives:
- Ignoring the complaint: This option is unacceptable and would violate the university's ethical and legal obligations.
- Internal investigation: While less costly than an external investigation, an internal investigation may lack the necessary independence and impartiality.
- Summary dismissal of the professor: This option could be seen as a hasty and unfair response, potentially leading to legal challenges.
Risks:
- Legal action: The university could face legal action from either the accuser or the accused professor.
- Reputational damage: A mishandled response could damage the university's reputation and negatively impact its enrollment and fundraising efforts.
- Loss of faculty and staff: A lack of trust in the university's handling of sexual harassment cases could lead to faculty and staff turnover.
Key Assumptions:
- The university is committed to creating a safe and inclusive environment for all.
- The university is willing to invest the resources necessary to implement these recommendations.
- The university community is willing to engage in open and honest dialogue about sexual harassment.
8. Next Steps
Timeline:
- Week 1: Engage external investigator, implement support services for the accuser, and develop communication plan.
- Week 2-4: Conduct investigation, provide updates to the university community.
- Week 5-8: Review and revise sexual harassment policy, develop training programs.
- Week 9-12: Implement training programs, launch culture change initiatives, and begin leadership development programs.
- Ongoing: Continuously monitor and evaluate the effectiveness of these initiatives.
By taking swift and decisive action, Fern Fort University can demonstrate its commitment to a safe and inclusive environment, uphold its ethical obligations, and protect its reputation. This approach requires a comprehensive and sustained effort, but it is essential for the university's long-term success.
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Case Description
In October 2019, the director of human resources at SMP India Design Centre had a difficult situation to address. She had received a sexual harassment complaint against a senior team member from two female employees, both of whom were relatively new in the organization. Acting promptly based on the organization's procedures manual and policies, the director initiated an enquiry. A detailed investigation found the accused guilty of gross misconduct. However, the surprising punishment handed down by the organization was only a warning letter. It seemed that taking any other action would go against the company's best interests. The director of human resources felt torn between her responsibility to provide a safe and positive workplace for employees versus being a custodian of the corporate brand and public image. But how could she ensure a healthy working environment if the company ignored serious issues such as sexual harassment against its own employees? Should she fight the company's ruling and provide her own advice to employees? Would her loyalty to the organization be questioned if she decided to support the two victims of sexual harassment?
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