RIGHTS OF THE VICTIM AND THE ACCUSED

RIGHT TO CONFIDENTIALITY AND DUE PROCESS

Both the complainant and the accused are entitled to a process governed by the principles of natural justice.

For the victim, this includes receiving empathetic treatment and the assurance that his or her identity will not be disclosed to the press or the public.

For the accused, there is a presumption of innocence until proven guilty.

Both parties have the right to receive copies of statements and evidence presented by the other party to prepare their defense or rebuttal.

If the spy Mata Hari were accused of harassment by a general, she would have a fundamental right to know exactly what is being said about her and to see the evidence. No "secret inquisition" can be conducted behind her back.

Similarly, the general (the victim) has the right to have the lurid details of the case not leaked to tabloid newspapers, protecting her dignity for the duration of the investigation.

INTERIM MEASURES (TRANSFERS, LEAVE) DURING THE INVESTIGATION

Since an investigation can take up to 90 days, the victim has the right to request "interim relief" so that she does not have to interact with the harasser during that time.

At the written request of the aggrieved woman, the committee may recommend her or the accused's transfer to another office, or grant her paid leave of absence for up to three months (in addition to her normal vacation).

The accused may also be prohibited from evaluating the victim's performance to avoid professional retaliation. Let's imagine Galileo Galilei reports his supervisor for harassment.

While the committee investigates, it would be tortuous for Galileo to continue reporting that person.

Therefore, he might ask to be transferred to another lab or take a leave of absence to write at home.

If the supervisor were the one to evaluate his yearly work during the investigation, Galileo could ask to have that power removed to ensure an objective and retaliation-free evaluation.

EXPECTATIONS DURING THE INQUIRY PROCESS

During the process, the accused is entitled to a fair hearing and, crucially, the right to cross-examine witnesses presented by the complainant (although this is usually done through the committee to avoid direct intimidation).

Outside counsel is not allowed to intervene at the internal committee stage; the parties must represent themselves.

If either party is dissatisfied with the final verdict, they have the legal right to appeal to a higher court or tribunal within a specified time limit.

If the philosopher Socrates were the defendant, he would have the right to challenge inconsistencies in the testimony of his accusers.

However, he would have to defend himself