Response

What is disclosure?

Disclosure is the term used when a person communicates that they have experienced trauma or abuse inside or outside the workplace. People may disclose incidents of sexual misconduct at work and our response to a disclosure is crucial to the healing process and lessening the trauma experienced by the victim-survivor.

Barriers to disclosure include:

embarrassment and/or shame
social stigma
not knowing who to tell or how to access support
cultural beliefs and attitudes
guilt
concern about not being believed
lack of physical evidence: 'their word against mine'
feeling the police or the organisation would be unable to help or intervene
mistrust in the systems or previous negative experiences of handling reports
minimising the incident: fearing it is trivial and not worth reporting
feeling the incident is a private and/or family matter
fear of repercussions from work colleagues, the organisation, family and/or friends especially if the perpetrator is known
fear of repercussions from the perpetrator
if substances such as alcohol or drugs were involved and not being able to fully remember
length of time since the incident or incidents happened

We know that for some groups of staff, these barriers are even greater, and this means that underreporting is common. Many people find it difficult to share their trauma. It can sometimes take years for someone to share what happened to them.

When a victim-survivor has disclosed sexual misconduct and they wish to report it to the XL Team, it is then called a report.

Not everyone wants to report sexual misconduct to the XL Team. Some people may just want to share with you what has happened to them before taking any next steps, which may or may not include formally reporting the incident.

Dos and don'ts when hearing a disclosure of sexual misconduct

You might hear a disclosure even if you are not a line manager or you don't work in HR. It might be a colleague who trusts you to hear what they have experienced.

That is why it is important for everyone working and learning in the XL Team to know how to receive a disclosure of sexual misconduct if someone speaks to you about it.

Each victim-survivor has different needs so you must ask how they want you or others to support them. Do not assume what people might need and do not dictate the process.

Many victim-survivors feel a loss of control, so empowering them and validating their experience is vital to minimise trauma.

It is crucial to handle the conversation respectfully, sensitively and supportively. Your role is to listen to the person sharing their experience and agree on the next steps to take.

Your role is not to provide counselling, clinical advice or offer retribution against the perpetrator.

During a conversation you should:

create a safe space and ensure they are safe and feel safe
actively listen (without having any distractions such as your phone)
believe and validate them
respect confidentiality (but be clear about when you might need to share information, for example, if there is a safeguarding concern)
safely signpost them to support and reporting options

During a conversation you should not:

push for details
make assumptions
ask why they did not say anything sooner
be judgemental or criticise their choices
express criticism or disbelief
look disinterested (think about your body language)
tell them what to do
talk about your own experiences
provide counselling yourself
share their information with others unless explicitly given permission to do so, or there are safeguarding concerns
ask why they did not run away or fight back
play down or minimise their experience and the significance of what they are sharing

You may wish to take notes of what is being disclosed to you, but you should ask the person who is talking to you about sexual misconduct if this is ok.

If they agree, you should be mindful of how this might affect the person talking to you and how it might distract you from what you are hearing. You must make sure that the notes you take are secured and in line with local information governance policy.

How to give trauma-informed support during a disclosure of sexual misconduct

We have covered some 'dos and don'ts' in the 'hearing a disclosure' part of this session. Here we will learn more about how to give trauma-informed support to colleagues.

We have covered the definition of trauma and trauma-informed in an earlier chapter of this session. Hearing someone's disclosure and supporting them in a trauma-informed way can validate their feelings, making them feel more supported and reducing the impact of trauma.

You can be trauma-informed by:

acknowledging the courage it takes to disclose sensitive or personal information
showing appreciation for the person putting their trust in you
trusting and believing the account
not placing blame or wrongdoing on a person or system
expressing your support and willingness to listen
acknowledging emotions and experiences; use phrases like "I hear you"
understanding the impacts the person may be experiencing as a result of sexual misconduct

By affirming the situation is not their fault, you are offering assurance and validating their feelings. This can help reduce any guilt or self-blame they might be experiencing.

When managing a disclosure of workplace sexual misconduct, you should:

Create a safe space

Talking about sexual misconduct can be very difficult and people may be worried about who can hear or might know about what has happened. You should be aware of the barriers to disclosing sexual misconduct and how this might affect someone who is disclosing sexual misconduct to you.

A disclosure may come when you are least expecting it but it is important to make a safe space for the person to talk to you in confidence.

Some things to think about:

asking the person what will make them feel comfortable. An example of something that can be done with good intentions but can sometimes cause anxiety or re-traumatising is locking or blocking doors and exits
making sure the physical room or digital environment is secure and you are not at risk of being overheard
asking permission before you take notes and letting the person know why you are doing so and how you will keep them secure
reducing the risk of interruptions; clearing your diary, putting a sign on the door or if you are in a digital space, putting your status on do not disturb

Everyone is different and risk is not the same for everyone. It can change rapidly and be influenced by many different things. You must ask the person if they are still experiencing, or are worried about experiencing, further behaviours from the alleged perpetrator or others. You must not assume that someone is or is not at risk.

If at any time you believe someone is at immediate risk of harm to themselves or others, you must act.

If they are unsafe and/or you cannot be assured they are safe and you believe their life may be in danger, take steps to immediately call the police (if not already informed) and seek immediate advice from your HR department.

Where there are any safeguarding concerns, you or the organisation's HR department may contact the local safeguarding team to seek further advice.

Consider any action that you or another appropriate person could take to help ensure the immediate safety of the person.

Useful questions to ask:

how safe do you feel at work?
do you feel the person will do this again to you or to other people?
has the person come into your personal space, or can they find you outside work?

Apply active listening

Active listening is fundamental when having a conversation involving a disclosure.

The person speaking to you may be unsure of themselves or about what they have experienced, or fearful about the consequences of disclosing.

You can engage in active listening by:

being fully present
having no distractions (such as your phone)
listening without placing any judgements on what you are hearing
using non-verbal cues such as nodding, open posture and encouraging gestures
not interrupting or finishing the colleague's sentence
reflecting and paraphrasing (saying their words back to them)

You can ask questions to show active listening but bear in mind that your role here is not about immediately finding a solution or being an investigator.

Recognise the problem

It is important you recognise that what has been disclosed to you is sexual misconduct.

You should have an awareness from the definitions in this session that a disclosure is being made to you.

Reflect back to them what you have heard to make sure that you have understood the issue. This will help you to support the person by taking any next steps they wish to take to address the misconduct or abuse and/or access any support they may need.

Some questions that can help:

is it ok if I say back what I've heard to check it's right?

I want to be able to support you, so I want to make sure I have heard and understood everything you have told me.

Empower

Once you have identified the problem, you can begin to take the next steps to support the person.

Letting them control the conversation helps them share more comfortably and builds trust. It is important they remain at the heart of the conversation and any supportive plans you agree together.

You can empower by:

asking them if they want anyone else to be part of the conversation
allowing the colleague to share at their own pace
following their lead and letting them steer the conversation
seeking permission before you raise potentially sensitive topics
respecting their decisions, including if they choose to share certain aspects and not others
agreeing together the next steps and any follow-up actions including contact methods and touch points

Supportive response

A response should be encouraging and validating, led by the colleague who has disclosed to you (other than when immediate risk arises). You can help the colleague feel in control by asking them what they want to happen next.

You can offer a supportive response by:

asking "what can I do to help?" if there's anything specific they need from you; whether it's advice, signposting to support or just someone to listen
being non-judgmental
being sensitive about the impact of hierarchy and their fear about potential detriment to their career by making a disclosure
having a clear understanding of possible next steps including knowing what support is available
having a clear understanding of how to report sexual misconduct in your organisation

You should offer options and signpost them to support that they can access such as:

employee assistance programmes within the organisation
specialised charities
services through their GP

You should take some time to understand what support options are available, both internally through the XL Team and externally.

Encourage reporting

You should understand how to report sexual misconduct in XL Team and:

signpost to your local sexual misconduct policy
encourage them to consider formally reporting the incident(s), if not already reported, through your local arrangements set out in your organisation's sexual misconduct policy

If they do not want to take the disclosure any further, unless there are safeguarding concerns, you must respect their wishes. However, if you need support or advice following the disclosure you could speak to someone in confidence, such as shared services or your own line manager.

Respect confidentiality/boundries

If you are concerned someone is at immediate risk of harm you must report it to the police.

If you are unsure, please seek advice from shared services or your line manager. If you need to tell anyone else about what you have heard, you must remember to tell the colleague what you are doing and why.

You should maintain professional boundaries when supporting a disclosure of sexual misconduct and not become personally involved. This includes:

not giving out your own personal information
not gossiping
not providing counselling services

Consider equality, diversity, & inclusion

Be aware and respectful of cultural sensitivities and differences which may influence communication styles or perspectives, both yours and the person who is seeking your support.

Do not judge someone or make assumptions based on the way they look or how you think they might behave.

Summary: key points to remember when responding to a disclosure

Create a safe space and assure safety

Make sure you and the colleague are in a confidential space and are not at risk of being overheard.

Remember that the safety of the colleague disclosing is the priority and you must ask if they are still at risk.

Apply active listening

Listen non-judgementally to what they are sharing and thank them for feeling safe and able to share their experience with you.

Believe, affirm and validate their experience (remember fear of not being believed is a barrier to seeking support and action).

Empower the colleague and signpost them to support and reporting options

You should take some time to understand what support options are available, both internally through the XL Team and externally.

You should also understand how to report sexual misconduct in the XL Team and signpost the person to your local sexual misconduct policy.

Respect confidentiality, maintain boundaries and consider equality, diversity, and inclusion

If you are concerned someone is at immediate risk of harm you must report it to the police.

You should maintain professional boundaries when supporting a disclosure of sexual misconduct and not become personally involved.

Remember to consider the cultural sensitivities and differences that may influence communication styles or perceptions when someone discloses sexual misconduct.

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