Conducting a Harassment Investigation: Adopting a Trauma-Informed Approach

No two investigations are identical. Thus, it is essential to approach each case with careful discernment, tailoring best practices to the specific context to ensure a process that is both fair and effective – ultimately supporting a more comprehensive and reliable determination of the facts. That is why the lawyers at Neutra adopt a trauma-informed approach – one that recognizes and accounts for the impact of trauma – when conducting investigations.

1. What is a trauma based approach?

Simply put, this method takes into account the profound effects trauma can have on an individual particularly where it concerns their behavior, health, memory, and communication.

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Trauma may result from a single event or a series of events. 

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When a person has experienced trauma, their reactions can sometimes appear incoherent or difficult to understand. A trauma-informed approach seeks to acknowledge these impacts with sensitivity and respect, enabling the concerned parties and witnesses of the investigation to participate fully while minimizing potential negative effects.

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This approach is implemented as it allows for investigations to be conducted in a fairer and more equitable manner, based on four fundamental pillars:
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• Security: Creates an environment where the person feels protected both physically and emotionally. It may be appropriate, in certain circumstances, to propose that the interview take place at the investigator’s office or in a rented meeting room.  The investigator must also remain patient, calm, and composed throughout the interview. Additionally, they should provide a clear outline of how the interview will unfold in order to foster a sense of stability and predictability. In certain instances, it may be preferable to avoid physical contact with the individual (ex: refraining from a handshake).

• A humane and flexible approach : Encouraging the active participation of those involved and valuing their voice through attentive collaboration and responsiveness to their needs. For instance, the investigator can allow the interviewee to feel a certain degree of control in the process by allowing them to choose the format for instance deciding between in person or  video conference, the physical setup, the number of breaks, or the order in which allegations are addressed. The investigator may also prepare adapted questions (ex: open-ended questions, ones related to sensory experiences or observations) and demonstrates empathy while maintaining neutrality.

• Clarity and transparency: Providing clear and transparent information about what will or can be shared with the individual, depending on their role in the investigation. This includes details related to their role, the investigator’s mandate, the process and its stages, the allegations, the analysis, the report, and the conclusions.
• Analysis related to the effects of trauma: Conducting an analysis of the credibility and of the allegations in a manner that considers the effects of trauma, such as memory loss or inconsistencies in certain aspects of the testimony.

2. Clarifying Common Myths

Even today, numerous misconceptions persist around how cases of psychological harassment, sexual harassment, violence, and discrimination are handled. One particularly widespread myth is that any inconsistency in the testimony of a party or a witness must automatically undermine their credibility. However, individuals who have experienced trauma may exhibit behaviours that appear to be unusual or contradictory, such as hesitation or even memory gaps. These reactions do not call into question the validity or truthfulness of their account, but rather reflect the impact of trauma on their ability to recall and communicate events.

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Similarly, a person’s reaction to a situation is not a reliable indicator of their emotional state. For example, one individual may remain silent in the face of an attack, while another may have an immediate response. Yet, both may have experienced a traumatic shock as a result of the incident.

3. How to Conduct a Respectful interview 

An investigator who is sensitive to the effects of trauma will adopt a compassionate and respectful approach throughout the interview process. Notably, this includes:
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• Choosing a calm and safe setting.
• Offering the individual the choice of where to sit in the room.
• Introducing oneself clearly, along with one’s role and mandate.
• Explaining the structure of the interview from the initial stage and confirming that the individual understands; repeating them as need be.
• Asking if the individual has any questions before beginning
• Offering breaks and reminding them they may pause at any time
• Allowing the individual to choose the order in which topics (e.g., allegations) are discussed.
• Listening.
• Speaking softly and calmly.
• Avoid interrupting; take a note and return to your question later.
• Allow silences without rushing the person to respond.
• Use clear and simple language.
• Do not insist on a strictly chronological account.
• Refrain from making judgments.

The posing of certain phrases may come across as blaming or risk retraumatizing the individual. For instance, instead of asking, “Why didn’t you say anything at the time?”, it is preferable to use an open-ended question such as, “Can you tell me about what you experienced?”. Open questions, asked with curiosity and without judgement, promotes a climate of trust. 

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Adopting a trauma informed approach does not in any way compromise the rigour of an investigation. On the contrary, it often allows for a deeper understanding of the relevant events and supports a process that is both professional and compassionate – better suited to the lived realities of those involved.

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To learn more about our services offered across Canada – including in Montréal, Québec City, Ottawa, Toronto, Vancouver, and Edmonton – please don’t hesitate to contact us.

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contact@neutracabinet.ca

514.617.3019