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DETERMINATION OF SANCTIONS AND COMPENSATION

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Transcription DETERMINATION OF SANCTIONS AND COMPENSATION


SCALE OF DISCIPLINARY ACTION (FROM WARNING TO DISMISSAL)

When the committee concludes, after an investigation, that the allegation is valid, it must recommend to the employer a sanction commensurate with the seriousness of the misconduct, classifying sexual harassment as "misconduct" under the service rules.

The spectrum of punishments is broad: for minor or primary offenses (such as an isolated verbal comment), a written apology, a formal warning (censure) or withholding of a promotion or pay increase may be recommended.

For serious or repeat offenses, the recommendation escalates to termination of employment.

If Casanova is found guilty of sending an inappropriate joke for the first time, the committee could recommend that he be forced to write a letter of apology and attend sensitivity therapy.

But if Casanova is found guilty of repeated physical harassment or sexual blackmail (Quid Pro Quo), the only proportionate measure would be immediate dismissal.

The employer is legally required to act on these recommendations within 60 days of receiving the report.

FACTORS FOR CALCULATING FINANCIAL COMPENSATION

In addition to the disciplinary sanction to the aggressor, the law allows the committee to recommend the payment of economic compensation to the victim, which must be deducted from the harasser's salary.

To determine the fair amount, the committee must objectively evaluate several factors: the mental trauma, emotional pain and suffering caused; the loss of career opportunities due to the incident; the medical expenses incurred (physical or psychiatric); and the financial capacity of the harasser. This is not an arbitrary figure, but a calculation of damages.

If the scientist Hypatia suffered harassment so severe that it caused her clinical anxiety, requiring therapy and forcing her to turn down a prestigious professorship, the committee would calculate the cost of her medical treatment and the estimated value of the lost job opportunity.

If the offender were a wealthy merchant like Marco Polo, he would be required to pay that sum.

If Marco Polo left the company or was unable to pay, the debt could be recovered as a land revenue arrearage by the district authorities.

FINAL REPORT DOCUMENTATION AND RECOMMENDATIONS

The process culminates in the drafting of a comprehensive investigation report. This document should be chronological, detailing the allegations, evidence reviewed, testimony, and specific justification for the findings (why one party was believed over the other).

The report must be issued within 10 days of the completion of the inquiry.

It is a legal document that can be reviewed by higher courts, so it must be free of bias and strictly based on proven facts.

If the philosopher Plato were to write the committee's report, he could not simply say, "We believe he is guilty."

It would have to explain, "Based on the papyrus records (emails) and the testimon


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