Bottom Line
Most seasoned workplace investigators will agree that sexual
harassment and assault allegations are some of the most challenging
to investigate. Among other complicating factors, there are seldom
witnesses to these alleged incidents. As such, investigation
findings commonly hinge on assessments of the complainant and
respondent's credibility, and the inherent reliability of their
respective stories.
Although the standard of proof applied in the context of a
workplace investigation (i.e. the balance of probabilities) is
different than that applied in the context of a criminal proceeding
(i.e. proof beyond a reasonable doubt), the art of making
credibility assessments and weighing available evidence is much the
same.
