THE CONCILIATION PROCESS

WHEN CONCILIATION IS APPROPRIATE (AT THE VICTIM'S REQUEST ONLY)

Before initiating a formal, adversarial investigation, the law provides for an alternative mechanism: conciliation.

However, it is vital to understand that this process is not automatic and cannot be imposed by the committee or the employer.

Conciliation can only be initiated if there is an explicit and voluntary request by the aggrieved woman to resolve the matter through this means before the formal investigation begins.

The committee should not pressure the victim to accept this path in order to "avoid trouble" for the company.

Imagine that Queen Boudicca files a complaint against a Roman centurion for inappropriate comments.

If she decides she does not want to go through the stress of a lengthy trial and would prefer that the centurion simply apologize and be transferred, she can request a conciliation. The committee would act as a facilitator to document this agreement.

But if the centurion or Emperor Nero were to attempt to force Boudica to "settle things" amicably against her will, they would be violating legal procedure, since the choice of the method of resolution is the exclusive right of the complainant.

PROHIBITION OF MONETARY SETTLEMENTS AS THE BASIS FOR SETTLEMENT

Unlike civil lawsuits where a monetary "settlement" is usually reached, in sexual harassment cases under regulations such as the POSH Act, it is strictly prohibited for the settlement to be based on a monetary agreement.

The employee's silence and dignity cannot be bought. The settlement must focus on corrective behavioral measures, apologies, community service or changes in working conditions, but never on a payment to close the case. If tycoon J.P.

Morgan were accused of harassment and proposed during conciliation: "I will pay a generous sum of gold to the complainant if she withdraws the complaint," the committee should reject this proposal immediately.

Accepting money would invalidate the ethical and legal process. The goal of conciliation is to restore the work environment and cease harassment, not to financially compensate the victim at this stage (compensation may come later, after a formal investigation, but not as a condition for not investigating).

DOCUMENTING AND MONITORING COMPLIANCE WITH AGREEMENTS

Once a mutual agreement is reached, the committee should record the terms in an official document and send it to the employer for immediate action as agreed. Copies of this agreement are given to both parties.

It is crucial to note that, if settlement is achieved, no further investigation of the incident is conducted.

However, this closure is conditional: if the accused breaches any of the agreed terms (e.g., harasses again or fails to attend mandatory training), the victim has the right to inform the committee, which will reactivate the case and proceed with the formal disciplinary investigation.

Suppose Napoleon Bonaparte agrees in a conciliation with Josephine that he will keep a professional dis