Helping a Survivor & Startup Through SA: A Case Study

A sexual assault occurs at an off site of a startup with roughly 40 employee. The perpetrator was the survivor’s direct manager. She did not go to the police, and thought about the assault for a few weeks before reporting it to another manager. The manager brought it to the attention of the two founders.

The founding team felt lost. They were horrified that such an event could happen amongst their trusted team. The survivor became increasingly upset at their lack of decisive action, and the founders feared damage to the company reputation. They delicately asked their corporate lawyers for advice, and the advice they received was solely focused on mitigating legal liability. Much of the advice they received was in this vein. This did not meet their goals: they wanted to help the survivor, while deescalating and without incurring additional liability or damaging their reputations, and to reduce the risk of sexual assault or sexual harassment happening again.

We were connected to the founding team through their network. To began, we conducted a third party investigation, while de-escalating the tense situation by providing support to the survivor and the founder. After finding the survivor’s story credible, we began a mediation process. We ensured that the survivor and perpetrator would not have to communicate directly, nor would they have to share space.

We asked the survivor what her needs were. She expressed feeling more calm and heard. After giving it some thought, she said she was struggling to find a therapist, wanted paid time off to heal, a small settlement, and did not want to engage with the perpetrator. We let her know that if the company were to provide a settlement, she would have to sign an NDA. She agreed. We went back to the company with her terms. They agreed, and she signed an NDA. Next, we came up with a plan for distancing the startup from the perpetrator, without allowing the perpetrator to disparage the startup or survivor.

When this process was completed, we began a process for preventing further sexual assault and sexual harassment. We reviewed and advised on changes in vetting prospective hires, company policies, and company culture. Current consent and sexual harassment training - designed to define consent and reduce corporate liability - are ineffective and counterintuitive in preventing sexual assault and sexual harassment, and they create a backlash, and greater division among teams. We found personalized training of management and bystanders is much more effective, as it empowers and unites teams. We provided education and training of the dynamics of sexual assault and sexual harassment.

The team was satisfied with the outcome. The founder has repeatedly thanked us a few times over a course of months.