Inquiry Procedure - Questions and Answers
Please read the attached information page first.
Prior to the inquiry procedure
What is the commission’s inquiry procedure?
The commissioner will meet with you to hear what happened. If you decide to file a complaint, the commissioner will record your complaint in full. She will then ask you to read the complaint and correct the information, if necessary. After receiving confirmation from you that the written complaint accurately represents your account, the commissioner will ask you to sign it for confirmation. The inquiry procedure carried out by the commissioner will include an inquiry with the reported perpetrator and any party that she deems relevant to the complaint. The commissioner also has the authority to take interim measures. At the end of the investigation, the commissioner must submit detailed recommendations to one of the three employers at the university for a decision: the rector (if the reported perpetrator is from the teaching staff), the academic secretary (if the reported perpetrator is a student), or the VP of Human Resources (if the reported perpetrator is an administrative staff member). The recommendation will detail the inquiry procedure and the commissioner’s recommendations for the rest of the process including the potential for a disciplinary/hearing procedure, potential disciplinary steps, or the dismissal of the complaint.
Can I submit an anonymous complaint?
Anonymous complaints can be submitted, but when a complaint is submitted, the commissioner is required to write a report in which the complainant's name appears. After the commissioner prepares a report detailing the complaint, the report goes to the university's legal office and to the employer according to the following conditions: if the complaint is by a student - the complaint will be reported to the academic secretary; if the complaint is by an administrative staff member - the complaint will be reported to the VP of Human Resources; if the complaint is by an academic staff member - the complaint will be reported to the university rector. There is no obligation on the part of the complainant to identify themselves or give personal details when contacting the Commission to submit the complaint. You are allowed to ask for an explanation as to why you are being asked for personal details when you have complained. You are also allowed to go to the Commission for consultation, without filing a complaint, but the case (without your identifying information) will be included in the annual report that is published to the entire university community. It is important to know: if you have mentioned the name of the perpetrator, the commissioner must register a complaint and conduct an investigation.
Is it possible to be accompanied to the meeting?
Yes. You can come to submit a complaint accompanied by a friend, a relative, a representative from the organization or the student union, or a representative from the crisis center. It is not permitted to arrive accompanied by a lawyer.
I have concerns that following the filing of the complaint, the person who harassed me will disturb or harm me, and my professional/academic future will be harmed. What will happen if I am harassed following the filing of the complaint?
Harassment based on a complaint about sexual harassment is a serious offense and is legally defined as such. Upon receiving the complaint, the Commissioner for the Prevention of Sexual Harassment at the University must ensure that all measures are taken so that they cannot harass you. The commissioner has the authority to take interim measures to separate the person who filed the complaint from the reported perpetrator until the end of the inquiry procedure.
I learned about a case of sexual assault at the university. What should I do?
It is best to contact the victim and ask about their well-being. You can explain to them the information included here, and connect them with the relevant resources. There are cases in which there is no choice but to report even without the victim's consent, depending on the severity of the case, the reported perpetrator’s threat level, and whether you are obligated to report. The protocol says that heads of academic and administrative units - as well as managers in any capacity - are obligated to report. They are responsible for immediately reporting to the Commission any case in which they become aware of suspicion of sexual harassment or any other form of harassment. They are also responsible for supporting the commissioner in addressing the matter. If you are not obligated to report, you can seek advice on how to act from the Association of Rape Crisis Centers, the Commission for the Prevention of Sexual Harassment at Tel Aviv University, as well as with us at the organization.
The inquiry procedure process
How long is the inquiry procedure?
The length of time for the inquiry procedure varies from case to case, but it can take time, sometimes up to several years. It is important to know that there is no statute of limitations on the case.
What kind of questions are asked during the inquiry procedure?
The commissioner may ask relevant questions such as - do you have evidence, documents, or witnesses for the case, and whether she has your permission to contact them. You should prepare for this in advance. In a properly conducted inquiry procedure, you will not be asked irrelevant questions about your sexual past.
What steps can the commissioner take during the inquiry procedure, for the benefit of the person who filed the complaint?
The commissioner is authorized to recommend "interim remedies", with the purpose of separating the person who filed the complaint from the reported perpetrator, subject to approval by the employer. These are steps that are implemented immediately (as much as possible). The commissioner is also obligated to offer the person who filed the complaint psychological support at the university's psychological service - with one or two sessions funded by the university. The commissioner can also request educational accommodations for the person who filed the complaint, in order to reduce the damage caused. If necessary, the university will assist in locating an alternative supervisor, extending deadlines for submissions, and providing any additional help you may need to complete your studies.
Following the inquiry procedure
What happens after the inquiry procedure is completed?
The commissioner does not make the final decision: after the investigation is completed, the commissioner must submit a written summary of the investigation process and recommend next steps to the employer of the reported perpetrator. The employer must make a decision within no more than 7 working days of the date of receipt of said summary.
What happens if it is decided to relay the complaint to a disciplinary procedure?
It is important to know that in a disciplinary procedure, neither the university nor the person who filed the complaint is the plaintiff. The disciplinary court hearing takes place behind closed doors, but there is a possibility for the organization, or the student union, to send a representative on their behalf to observe the hearing. While the verdict and the sentence will be public, they will omit details that may lead to the identification of the person who filed the complaint and the witnesses. The decision on whether to publish the name of the defendant will be made by the disciplinary court judge after the victim will be given the opportunity to express their position on the matter.
What happens if I am not satisfied with the inquiry procedure?
Those who are not satisfied with the results of the inquiry procedure are permitted to appeal the decision. In order to appeal, you need to write a letter to the president of the university within 15 days of the victim’s receipt of the employer's decision.
Contact list
Prof. Tamar Brosh, Dr. Naama Scheftelowitz
Coordinating Commissioners for the Prevention of Sexual Harassment
Kalma - Community for Prevention of Sexual and Gender Harrasment at Tel Aviv University
Contact person: Yasmin Segol, [email protected]
Academia for Equality sexual harassment prevention team
Contact person: Outi Bat-El, [email protected]
The Association of Rape Crisis Centers in Israel
Questions and answers about the sexual harassment handling procedure on the website of the Commission for the Prevention of Sexual Harassment at Tel Aviv University.