Published On: December 3rd, 2024

After an increasing number of stories appeared in the media about transgressive behavior in the workplace, the Dutch government appointed Mariëtte Hamer as government commissioner for sexual transgressive behavior.

In the spring of 2023, together with the team she had gathered around her, she published a first prototype of the handbook “How to deal with reports of sexually transgressive behavior. Discussions were then held with various parties and feedback was solicited and received. The Integrity Coordinator also participated, as did the House of Whistleblowers and many others. Indeed, the first version barely made any connection to the Whistleblowers Protection Act (Wbk). However, if sexually transgressive behavior is reported, affecting multiple individuals, and moreover there is a pattern, then the Wbk also applies.

Hammer and her team took the criticism well. In March 2024, the handbook “Culture Change in the Workplace – On Preventing and Addressing Sexual Transgressive Behavior” was published, with excellent tips for setting up a reporting structure. For those who receive and follow up on reports, the handbook is very relevant.

For example, the report recalls that many parties conduct external investigations following reports. In itself, this is not surprising. If reporters claim something, it should be investigated by independent persons to see if the claims are true. And the most obvious way to ensure research independence is to hire an outside research firm. However, in practice, some investigations have actually been found to make the consequences of the behavior more severe, both for the victims and the accused, for example, when it becomes known more widely that investigations are being conducted. There is often a lack of clarity about privacy, interview records, inspection rights and the like. As a result, investigations do not always contribute to resolution and recovery.

Hamer’s report recommends that organizations prepare properly for potential reports and organize a human and manageable reporting process. External investigation is a possible, but not always best conceivable, intervention. Sensitivity is needed to signals and reports and the different ways of dealing with them. The Integrity Coordinator also assumes that person-centered investigation is not always the best next step after a report of inappropriate behavior.

The guide also addresses the prevention of sexually transgressive behavior and the culture change required to do so. Thereby indicating that the conclusions can also easily be drawn more broadly to other forms of undesirable behavior. This makes the report very interesting and worth reading.

The report identifies three pillars of culture change, namely the coping culture, the organizational structure and the support system. Although all three pillars are essential, we highlight here mainly what is advised in terms of the reporting structure. In which the report emphasizes that it is not a manual but a guide; ultimately, the right strategy is always customized.

The section on organizational structure indicates that reports should, as much as possible, involve someone who can independently decide on the report, regardless of who the accused is. If it is possibly malpractice, it is even mandatory to record which independent persons can follow up on the report. Of course, the report must also be handled carefully.

Counselors have an important role in that they can offer support and information. However, a confidant does not take action on its own. It is important that the confidant inform the reporter about what the role and responsibilities of the confidant are, and what follow-up steps the reporter can take. For example, to engage in conversation with a supervisor or to file a report or formal complaint.

The report indicates that confidants should not act as reporting points because they should be able to do their work confidentially and independently, for all employees, also in the future.

Reports should come in to the hotline. In doing so, a reporting protocol should be established, including clear processes on how you as an organization handle reports. Hamer recommends opening one hotline at the central level in the organization for reports on all forms of transgressive behavior and, if possible, other types of reports, such as integrity violations. In addition, provide low-threshold opportunities for reporting. Delegate the hotline to an independent person or department, such as an integrity officer or compliance officer. This reduces the risk that a report will be handled carelessly and is also important to bring the hotline in line with the Wbk.

Under the Wbk, it is obligatory to keep the identity of the reporter secret from everyone involved, including any other reporters and the accused. Furthermore, a central register of reports should be maintained. This also allows learning about what kinds of issues arise and how they can be prevented. To this end, this information can be shared (anonymously) with executives.

The handbook goes on to talk about a decision table, which is linked to the hotline. The decision table deals with the assessment of the report and possible follow-up. It consists of one or more internal decision makers, supplemented where possible by experts and/or independent persons. In addition to the decision maker, you can then think of a process guardian (such as a compliance officer or integrity manager) and expert support. The confidant cannot fulfill these roles. Decision table participants should not be directly or indirectly involved in the report. In small organizations, of course, this is difficult. In that case, an organization may choose to bring in outside experts, such as The Integrity Coordinator.

The report also includes tips for conducting interviews, dealing with anonymous reports. It also discusses the difference between a report and a complaint of inappropriate behavior.

Want to know more about how to approach this in your organization? If so, please contact us. Or take our Whistleblower Protection Act course in practice.

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