The #1 Tool to Avoid Joe Biden’s Embarrassing Fate

SCREAMING AT THE TV: As regular readers of the Monday Memo know, I have spent a lot of time over the last two years during all the #MeToo upsets screaming at the TV. It’s not that I’m against bringing appropriate attention to the subject of harassment and assault; I believe more awareness is all to the good. But the constant drumbeat of “believe the women” is destructive to well-established law and process, as well as harmful to both sides of any particular claim.

THE BIDEN CONUNDRUM: Without taking sides on the current political divide, the recent claim against Biden that he sexually assaulted one of his Senate staffers, Tara Reade, in 1993, raises problems for voters of any political stripe. Biden has a strong history of supporting laws that protect victims of sexual assault and violence, but he also has a reputation for being “handsy” around men and women. Women’s advocates who have shouted “believe the women” are now left with a chilling choice.

HE SAID/SHE SAID: She said the assault happened; he categorically denies that it did. Most of the women Reade claims she told about the incident cannot remember the conversation, although one or two have a recollection of her claim. Other Senate staffers Reade claims she spoke with about Biden’s behavior cannot even remember her and deny that such a conversation ever occurred.

Reade never filed a police report, although she claims that she filed a complaint with the Senate personnel office. She has not produced a copy. So far, various journalists investigating the situation have also failed to unearth a copy of the complaint. Biden himself has written a letter to the Secretary of the Senate to request the records. Today, the office said that confidentiality rules prohibit turning over any such record. Biden’s attorneys are appealing that statement and continuing to seek a copy of the document.

Without a proper investigation, who knows what really happened?

What Should You Do?

DON’T PRE-JUDGE: If you are a leader who has received a harassment or assault complaint from one of your staff, or if you are just a casual observer in an organization where you know one is brewing, your job is to be neutral. Unless you were a witness or possess documents relevant to the complaint, do not express an opinion, gossip or judge. Let the process run its course.

USE AN EXPERIENCED AND COMPETENT INVESTIGATOR: With many of the cases that have captured the news in recent years, there have been no real investigations. As I have outlined before, the organization’s role is to conduct a full and fair investigation and come to a reasonable conclusion.

The investigation should be conducted by an experienced, credible investigator – preferably one from outside the organization. If you are a leader, your job is to cooperate and make your employees available to the investigator, respond with any documents they request, and wait until they conclude their work.

MAINTAIN CONFIDENTIALITY: Investigations should be kept as confidential as possible, including who was interviewed, what documents were produced and the outcome. Work with your employment attorneys and HR experts to decide what – if anything – you can share about the results with your staff. Most likely, it will be some version of “there was a complaint, we conducted a full and fair investigation and took appropriate action.”

RESPECT THE RIGHTS OF EVERYONE INVOLVED: Everyone has rights: the complainant, the alleged harasser, and any witnesses. In my experience, any one of them could have “a passing acquaintance with the truth”, as Mark Twain described one of his characters. Asserting that either gender should always be believed (or not) is absurd. A good investigator has the tools to determine credibility and will do so as a part of their work.