Re:Ken Thompson's Unix Password
by kelnos on Wednesday October 09, 2019 @02:23PM
(#21206240)
I consider dealing with workplace accusations more like dealing with a lawsuit, rather than dealing with a criminal case.
Studies bear out that false accusations of sexual misconduct are exceedingly rare. If you go just by the odds, the likelihood is that when someone accuses someone of misconduct, it probably happened.
That doesn't mean you just accept an accusation at face value, but it does hopefully set the stage for you to be sympathetic, and committed to be thorough and to actually listen to what the accuser is saying. You of course do an investigation. You talk to the involved parties. You talk to witnesses, if there are any. Some of these witnesses may not have been present for any of the alleged offenses, but might speak to the involved parties' character. Does the accused act creepy around other people? Is the accuser constantly making up false stories about people?
If it does boil down to taking one person's word against the other, then I don't think the default should be to just separate the people and hope nothing happens again. Just as in a civil law case, part of the determination (both the direction of the judgment itself, as well as the magnitude of any penalties) is based on who is more persuasive about any available evidence, not strictly about whether the evidence alone is more or less damning.
It's not cut and dried. It's not clear. It's fuzzy and muddy. That's unfortunate, but happens to be the reality of dealing with humans.
Studies bear out that false accusations of sexual misconduct are exceedingly rare. If you go just by the odds, the likelihood is that when someone accuses someone of misconduct, it probably happened.
That doesn't mean you just accept an accusation at face value, but it does hopefully set the stage for you to be sympathetic, and committed to be thorough and to actually listen to what the accuser is saying. You of course do an investigation. You talk to the involved parties. You talk to witnesses, if there are any. Some of these witnesses may not have been present for any of the alleged offenses, but might speak to the involved parties' character. Does the accused act creepy around other people? Is the accuser constantly making up false stories about people?
If it does boil down to taking one person's word against the other, then I don't think the default should be to just separate the people and hope nothing happens again. Just as in a civil law case, part of the determination (both the direction of the judgment itself, as well as the magnitude of any penalties) is based on who is more persuasive about any available evidence, not strictly about whether the evidence alone is more or less damning.
It's not cut and dried. It's not clear. It's fuzzy and muddy. That's unfortunate, but happens to be the reality of dealing with humans.