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Although we understand isolated incidents and teasing are inappropriate behavior, to have a strong legal claim for harassment, the perpetrator's behavior must be sufficiently severe in the eyes of the law. For instance, harassment becomes illegal when the workplace environment becomes hostile for the victim.
To win compensatory damages in a sexual harassment case, the victim has the burden of proving by a ?preponderance of the evidence? all of the sexual harassment claims. The defendant has the burden of proving by a preponderance of the evidence all of the facts necessary to establish any defenses it raises at trial.
In the file, retain: (1) all interview notes; (2) all communications with witnesses, the complainant and the accused; (3) all written witness statements; (4) all documents that relate to the allegation; (5) the investigator's report; and (6) all documentation notifying appropriate parties of the investigation results ...
BURDEN OF PROOF Investigators should make findings based on a ?preponderance of the evidence? standard. This is the standard that civil courts use in discrimination and harassment cases.
To win compensatory damages in a sexual harassment case, the victim has the burden of proving by a ?preponderance of the evidence? all of the sexual harassment claims. The defendant has the burden of proving by a preponderance of the evidence all of the facts necessary to establish any defenses it raises at trial.