By Kevin MarshallB.A., M.Div., LL.B.In recent months, the media has presented numerous workplace sexual assault headlines, reminding us that this unfortunate reality is very present in our society, and is an injustice that often remains unaddressed. Because of the recent media coverage on this issue two questions are on many people’s minds: What is to be done about women or men, often showing great courage, who come forward with disturbing allegations? And what can be done about those accused of committing these abuses?Some have stated that the answer is obvious: If a woman has the courage to come forward, particularly on matters of an intimate or highly personal nature, surely this, in itself, is enough to justify quick and decisive action to protect her. The example of Jian Ghomeshi is often used to support this view: CBC management apparently overlooked mounting evidence of wrongdoing in favour of protecting its popular broadcaster. But what about those two accused Liberal Members of Parliament? Even before an investigation was launched, Justin Trudeau, Liberal leader, promptly and publicly suspended them following allegations of wrongdoing. Shortly after, a fellow Member of Parliament who accused one of the men acknowledged that she had sexual relations with him, but that she had not provided her expressed consent.While the circumstances are different, both matters must be treated in a similar manner. By doing this, the complainant is protected, and an appropriate legal process can be followed. How? By having the employer exercise both wisdom and compassion throughout the complaint process.In my law practice, employees or employers typically contact my office after the employee has been fired. When unsavoury allegations are involved, an extended and bitter legal battle often follows. The battle is often lost when the media or courts get involved.The wiser approach is to proactively prepare a sexual assault, and sexual harassment protocol and communicate it to all employees. If a complaint takes place, it should be treated immediately with compassion and understanding. Firstly, the person who has been accused of wrongdoing should be separated from the complainant. This can be done by re-assigning the alleged perpetrator, or, if necessary, suspending him or her with pay - and without publicity. It is critical to conduct a thorough and proper investigation from day one that seeks to determine the extent of wrongdoing, if any, rather than hiding any evidence. Upon completion of the investigation, the appropriate actions must be taken to punish a wrongdoer.Downsview employees, managers, and business owners, speak up! Take positive action when you experience, observe or receive reports of workplace abuse or harassment - anticipate the same. These matters are best settled compassionately, wisely, and internally. If you require any legal assistance related to workplace sexual assault or harassment call me at 416-383-0550 or email me at: kevin.marshall@kmlawyer.ca