RECEIPT AND INITIAL ASSESSMENT OF THE COMPLAINT

IMMEDIATE RESPONSE AND EMPATHY PROTOCOLS

The moment a complaint is received is critical; the first institutional reaction sets the tone for the entire process.

Whoever receives the complaint (whether HR, a manager or committee member) must act maturely, calmly and empathetically, communicating the message, "I hear you, this will be taken seriously and acted upon immediately."

It is vital to explain to the complainant what to expect from the procedure, including the need to speak to the accused and witnesses.

While attempts should be made to maintain confidentiality, false promises of total anonymity cannot be made, as the accused has a right to know what he or she is accused of in order to defend him or herself.

Imagine that Queen Isabella the Catholic receives a complaint from a female navigator about Christopher Columbus' improper conduct. The queen should not dismiss the complaint or panic.

Her duty is to listen without judgment, assure the sailor that the Crown has a zero-tolerance policy and immediately activate formal protocol.

He should not promise her that Columbus "will be executed tomorrow," but assure her that a fair and rigorous investigation will be initiated according to the laws of the realm.

REVIEW OF JURISDICTION AND "PRIMA FACIE" VALIDITY.

Before summoning witnesses, the Committee must conduct a preliminary assessment.

First, verify whether the complaint falls within its jurisdiction (Did it occur in the workplace? Does it involve employees?).

Second, determine whether a prima facie case exists. This does not mean deciding whether it is true, but rather verifying whether the alleged facts, if true, would constitute sexual harassment under the law.

If the complaint is vague or lacks substance, the committee may ask for more details before proceeding.

If Don Quixote were to file a complaint against the windmills alleging that they are "leering" at him, the committee would review the case and determine that there is no jurisdiction (the windmills are not employees) and no objective sexual conduct.

However, if Dulcinea files a detailed complaint with dates and times about lewd comments by Sancho Panza, the committee would validate that there is a sufficient basis to initiate the investigative machinery.

RESPONDENT NOTIFICATION AND RESPONSE DEADLINES

The law establishes strict deadlines to ensure fairness and avoid delay. Upon receipt of the formal complaint (written copies are required), the committee has seven days to send a copy of the complaint to the respondent (the "respondent").

This step is mandatory; you cannot investigate someone behind their back. Upon receipt of the notice, the accused has ten working days to submit his written reply, enclosing his list of witnesses and defense documents.

At this stage, the defendant cannot bring a lawyer to the committee, he must answer by himself.

Suppose the committee notifies Marco Antonio that he has been accused of harassment. He cannot ignore the document.

He has 10 days to write his version of events ("I was in Egypt that day", "Those papyri were forged").

If Mark Antony tries to send his lawyer Cicero to speak for him, the committee must reject him.

The process requires the accused to represent himself in order to maintain the internal, administrative nature of the inquiry.

Summary

The first institutional response is critical; whoever receives the complaint must act with empathy and immediate seriousness. The process should be explained to the complainant without making false promises of total anonymity impossible.

The Committee should conduct a preliminary assessment to verify whether it has legal jurisdiction over the case. It is necessary to determine whether the alleged facts constitute prima facie harassment before initiating the investigation.

The law imposes strict deadlines: the accused must be notified within seven days with a copy of the complaint. The accused has ten days to respond personally in writing, without the intervention of counsel at this stage.