Internal Committee findings are regularly challenged — by complainants and respondents alike. The challenges usually succeed on process, not on facts.
Composition first
An improperly constituted committee, including one without the required external member, can invalidate the entire inquiry. Check composition before the first notice is issued.
Fairness at every step
Both parties should receive the material relied on, an opportunity to respond and to present witnesses, and a reasoned report. Confidentiality must be preserved throughout.
Timelines
The inquiry should be completed within 90 days, and the employer must act on the recommendations within 60 days of the report. A clear record of each step is the committee's best protection.
This note is general information, not legal advice. For advice on your own matter, see our Prevention of Sexual Harassment practice or contact the firm.
