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(Illustration: Liam van Dijk)

What do you do if you are accused of transgressive behaviour but are not told what you are supposed to have done wrong? Simon, a former supervisor of young researchers at TU Delft, was accused and resigned. Could the case have been handled differently?

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This article in 1 minute

Simon has had a long and satisfying corporate sector career when he starts working as a supervisor for young researchers at TU Delft in 2018. He feels it is wonderful to be able to play a meaningful role using his experience and contacts in industry for his alma mater. Simon is first appointed for two days a week. In 2020 this becomes three days. He can easily combine the job with his consultancy company. He works at TU Delft one or two days a week to see colleagues and speak to the young researchers. He works partly from home, and entirely when TU Delft’s Covid measures take effect in March 2020.

Simon says that his relationship with his direct manager, Karel, has always been good. He even says that Karel was “the nicest boss he ever had”. The pair of them often meet up for a coffee. The reports from his performance evaluations show that Karel praises Simon highly. He refers to Simon’s clarity in communication and his efforts to further build on their programme. He is positive about Simon’s initiative in asking the young researchers, all of them internationals, for feedback on his personal performance at the end of their programme so that he can learn from it.

‘Defence is impossible when allegations are not substantively explained’

Karel calls Simon ‘a skilled supervisor’, his approach ‘clear and thorough’, and his background an ‘important added value in supervising’ the young researchers. For Karel it goes without saying that Simon’s temporary appointment becomes permanent. This happens in the autumn of 2021. Nothing points to Simon ending his contract himself a little more than a year later.

Pushed into the corner

What leads to that resignation happens in a short space of time. There are two weeks between a report by three female colleagues that Simon supposedly misbehaved towards a few young researchers and his resignation letter. Simon feels pushed into the corner. He usually sat near his colleagues at the office, but does not feel like being there anymore, knowing that his colleagues have talked about him among themselves and to his boss behind his back. “It felt like I had three knives in my back,” he says.

What led Simon to taking such a radical step? A pile of email exchanges and meeting reports in a white TU Delft envelop resulting from a request for information that he submitted to TU Delft in 2023 gives an idea. His story can be reconstructed from these. While he says that he has no problem with his name, job title and department being made known, we have anonymised the events. The names Simon and Karel are fictitious.

‘It breaks your career and your health suffers’

For Delta, the contact with Simon started when he posted a message on LinkedIn in response to Delta’s notification about the report by the Inspectorate of Education on the lack of social safety at TU Delft. He said that he had a story. When Delta asked him if he were prepared to share his story, he sent a letter. It starts as follows.

‘Where there is smoke, there is fire so the saying goes. But what do you do if you are anonymously accused of transgressive behaviour on the work floor and you really have no idea what it’s about? You are not told. There is no background information, no proof, no facts, no explanation … nothing. Appearances go against you, you are 3-0 behind, and defence is impossible when allegations are not substantively explained. It breaks your career and your health suffers. This is not the story of a victim of transgressive behaviour, but of someone who has been anonymously accused of it. In this case, this is transgressive too.’

Illustratie van delen van een hand
(Illustration: Liam van Dijk)

Simon hopes that his story can serve as an example for how supervisors should not deal with complaints and how the reporting procedures can be made more professional. To take these lessons on board, we asked Simon’s former supervisor, the department chair and the dean to reflect on this story. The dean responded, but only in general terms (see the box below this article). We also asked Inge te Brake – an independent coach for people who are accused who is not involved in this case or associated with TU Delft – to read it. Her views are in the drop-down boxes in the text. Her response: ‘Unnecessary damage has been caused.’

Who is Inge te Brake and what does an independent coach for the accused do?

Inge te Brake is Chair of the Landelijke Vereniging van Vertrouwenspersonen (LVV, national union of confidential advisors) and has 40 years’ experience as a confidential advisor, starting her work with the police.

Click ‘Lees meer’ below for more background.

Lees meer

But first, what happened in November 2022.

Teams meeting

It is Tuesday the 8th. Supervisor Karel wants to talk to Simon that afternoon, but Simon is not at TU Delft. ‘I hope it’s nothing serious. Let’s talk online’, Karel then writes in a meeting confirmation. A couple of hours later the two of them are facing each other on their screens. Simon assumes that they will discuss a project, but Karel starts talking about something else. Three female colleagues contacted him with information that they say they are reporting on behalf of young researchers. Simon is accused on behaving inappropriately as a supervisor. Karel says that he does not know who the researchers are, nor how many people were involved. Maybe five or six, but that was never confirmed.

Simon is shocked by what Karel says. He has never noticed anything. He has also never read anything in the feedback forms that suggested complaints about transgressive behaviour. Simon wants to know what he accused of so that, if necessary, he can take action to improve. And so that if necessary, he can apologise. He asks Karel on Teams “When did it happen and with whom? Was I rude, spoke too strongly? Did I swear? Did I do anything physical?” It was definitely not sexually transgressive behaviour, but Karel does not know any more details.

Feedback

On Teams Simon asks if he can talk to the young researchers involved. Karel understood from the three colleagues that this would not happen. Simon then wants to know if he can talk to the three colleagues individually. Karel says that he will suggest that, and emails them the next day. He writes that he would like to be present in the three discussions and emphasises that Simon always asks for feedback from the people he coached. “Where relevant he used this feedback to manage and improve his coaching and expectations. He wants to work with you and me to see if the information that you received may show any ‘blind spots’ that are not or not explicitly […] stated in the questionnaires, and how he/we can make them clearer and act on them.”

‘I am not going to be held accountable in such a big forum’

The supervisor knows what the questionnaires contained as Simon had shared it the previous day. Delta has seen the anonymised forms. Seven young researchers say that they are generally happy with Simon’s organised way of working and with his feedback. A few think the feedback is a bit too succinct or unclear. They do not like it when he adds several question marks in the sections where he seems to have questions about it. What does he mean? The most critical young researcher gives Simon a 6. On average he scores 7.6, with one exceptional 9.9 (‘The 10 is only for God’ the young researcher joked on the feedback form).

In answer to Karel’s suggestion for separate discussions with the three colleagues, they respond with a different suggestion. One of them emails that they want to talk to Simon with all three of them. Simon also received that email and answers Karel that he feels uncomfortable with the suggestion that he reads in the email that he has behaved unacceptably towards them. ‘I am not going to be held accountable in such a big forum’, he writes to Karel who answers that he is entirely in agreement. So Karel responds to all those involved that he will plan three meetings. Later in the evening he emails Simon saying ‘I think they think it is hard to have individual meetings, but you and I need to take away their concerns’.

Telling the truth
Illustratie van een hand, met een stukje arm, die naar boven reikt. Kleuren: bruin-groen-orange. We zien de hand door een gebroken ruit.
(Illustration: Liam van Dijk)

After some email to-ing and fro-ing on the question of whether there should be individual or group discussions, two live meetings are planned for 15 November – one with one person and the other with the other two. Karel is present at both meetings. After the first meeting Simon is positive. He and his colleague are ‘still friends’ he writes in his report. They agree that more supervisors should make it standard practice to ask for feedback from young researchers and that Simon will be more aware of his behaviour, though it is still not clear what the issue was, and ‘take appropriate action’. From now on, feedback will be given directly and discussed in person.

The second meeting is completely different. In his report Simon writes that he felt ‘a tangible dynamism’ between the two colleagues to ‘tell him the truth’. Only, he did not hear what that truth was. What Simon does state in his report is that there were ‘impressions’ that he was supposedly ‘not that approachable, overwhelming’ and ‘arrogant’, and did not spend enough time in the office.

‘Sit back and relax’

Simon is disappointed that Karel does not respond to these general accusations that are not based on specific examples. Just the day before he had promised Simon that he would support him in his request for examples. One of the two colleagues says that Simon’s repeated request come across as intimidating. In his report Simon admits that he should have ‘improved’ his tone, but writes that he too experienced collective ‘animosity’.

Why did the three of them go to the boss?

In the end, the four do discuss a case that was raised more or less at random about a young researcher who suffered from depression and had left Simon’s meeting room in tears. The two colleagues seem to hold Simon responsible for this. After listening to them, Simon says that they only knew half the truth. The young researcher had left the room crying after a discussion with a third person who was present online who had made some very critical comments on the researcher’s report. Simon wonders why the two colleagues had not approached him directly to ask what had happened. Why did the three of them go to the boss?

Despite the difficult meeting, the four agree that there should be one-to-one follow-up meetings after the two colleagues have gathered more information from the young researchers. Simon also says that he will be more aware of how he comes across. ‘Sit back and relax’, he notes in his meeting report.

Resignation

He will not keep up this attitude for long. Supervisor Karel sends his meeting report to everyone involved early in the morning of 22 November. Simon does not agree with what he reads. What are for him important parts are missing, in particular his explanation about the case of the researcher with depression. As Karel describes it, very much in brief, it seems as though the condition was caused by Simon himself while this is not the case.

‘It is a shame that things worked out this way’

‘This report is so incomplete that I don’t know where to start with corrections and additions’ he emails less than half an hour later while he attaches his own report. After that Simon does two things. He cancels the follow-up meeting that is planned for later that day and, even more seriously, he submits his resignation letter. In this brief email to Karel, his boss and the dean, Simon writes: ‘The reason for my resignation is known to you. It is a shame that things worked out this way.’ He suggests that his contract is terminated ‘ASAP’, and definitely before 1 January 2023.

Tips and judgment from Inge te Brake

Reports, anonymous and otherwise, and the role of supervisors: find out what is going on and look for possible solutions with those involved.

How do you deal with accusations, especially anonymous ones, of undesirable behaviour? From experience Inge te Brake knows that many supervisors do not know what to do and panic. But what should they do? Click on ‘Lees meer’.

Lees meer

 “We need to teach supervisors not to act out of fear, but to handle it well. What is well? The adversarial principle. I see that supervisors prefer not to be the go-between two individuals, but that is the disadvantage of being a supervisor. You are the supervisor of both so you will have to act.”

‘It could have been solved very differently’

By way of explanation, by the adversarial principle Te Brake does not mean a formal investigation which she believes does not lead anywhere. “An investigation means that everyone loses as it automatically creates distrust between the two people and also among the witnesses around them. This does not help at all. The outcome is often disappointing and it becomes unclear what should be done next. One of the two is often ostracised as they cannot work together anymore.”

Concrete facts are important

What does Te Brake mean with the adversarial principle and what should supervisors do? With Simon’s case in mind, she advises the following.

  • Take reports seriously, even if they are anonymous.
  • First talk to the three complainants individually.
  • Check if their stories are based on what they have heard or on their own experiences.
  • Make sure that you get the real story. Concrete facts are important.
  • Try to contact the anonymous complainants through those who submitted the reports. Offer them a strictly confidential meeting with you as their supervisor, or ask them to share their story with the confidential advisor.
  • Pay close attention to the emotions of the complainants. You need to know what happened, but you also need to know how that affected those involved.
  • Only talk with the accused if you know what has happened and if you have examples.
  • To the accused say that you have had people come to you who accused them of the following behaviour. Tell the accused that you cannot say who, but that you can share a couple of examples and how these affected the people involved.
  • See the reaction of the accused to this: denial or recognition.
  • In the case of denial, say that you hear them say that they did not do it and that you assume that this is the case. Also tell the accuser that you condemn the behaviour that was talked about and that should you receive another accusation, the accuser will have a problem.
  • Look for a solution and ask how the two of you can make improvements.
  • Let the people involved know what your next step will be: a meeting, mediation or an investigation after all.
Heavy process

Te Brake concludes that if Simon’s supervisor had fulfilled his role, the situation would not have escalated and Simon would not have resigned out of desperation. At the very least the supervisor could have approached a confidential advisor or another expert. “Few supervisors are able or know how to deal with this. It means that for the accused it is a very heavy process. If you do not watch out, an allegation may get out of control. This is what happened here as critical mistakes were made at the start.”

Te Brake finds this situation deplorable. “A case like this could have ended all right. It is not about sexual assault or rape, or five-tonne nicking. It could have been solved in a very different way. This is also damaging in a general sense, including for (potential) reporters. Who think: if this is how our organisation handles reports, I won’t make any.’

Threatening

What happens after Simon’s radical decision? There is no evidence that a higher supervisor takes action. There are no phone calls, emails or contact with independent mediators. There are emails between Karel and his supervisors and between Karel and Simon though. In response to Simon’s resignation letter, Karel sends him a message confirming that he has received his letter and there is little other text than that he accepts and respects Simon’s decision.

Neither Simon nor Karel talks about what went wrong

Karel updates his boss that afternoon. The boss emails the dean the next morning. ‘[Simon] is leaving after a discussion escalated about his coaching style that some [young researchers] experience as threatening. [Karel] was unable to get him to think about his behaviour and [Simon] drew his own conclusions from that discussion.’ Less than two hours previously, Karel had informed Simon that his contract could be terminated very quickly, within a week. ‘It is a shame that things worked out this way,’ he adds. Later that day the dean sends a brief response to Karel’s boss saying ‘Thank you for the info. Good luck with sorting it out’.

The week after that, Simon comes to campus twice to arrange his work handover with Karel and to hand in his laptop and access pass. While these meetings are businesslike in tone, the two do have a coffee together. Neither Simon nor Karel talks about what went wrong. That Wednesday Simon sends everyone involved an email whose subject is ‘perhaps a good subject for the next staff meeting …?’. It states: ‘How to give personal feedback: tell me my mistakes, not others (1:1 – not in groups). My mistakes must be corrected by me, not by others.’ He also tries twice to get a meeting with the dean, but he does not hear anything from anyone anymore.

Inspectorate of Education

Simon cannot fathom why the dean and Karel’s supervisor never said or asked anything. He knows both of them fairly well. Surely they would have wanted to hear his side of the story?

 

(Illustration: Liam van Dijk)

When the Inspectorate of Education calls on all staff members at TU Delft to report if they had experienced any form of transgressive behaviour on the shop floor, Simon feels called upon. He files a report and informs Karel, his supervisor and the dean accordingly so that they are prepared should there be any questions, as Simon does not ‘stab people in the back’. The Dean thanks him for the cue.

The role of the faculty

‘Do not put your trust in the chain of command’

Inge te Brake says that “In this kind of case, you expect that a higher level manager immediately asks the lower ranking manager the critical question of what will you do and shall we discuss what is wise? This did not seem to have been done and that is not good.

For the faculty it is not good enough to assume that all managers know what to do as they have not been trained for this and this is well known. You cannot put your trust in the chain of command as this may cause people to break down, the suspected perpetrator in this case.

It would be a good idea to create discussion or solution tables at faculty level where reports can be discussed. At the table would be the manager in the case, possibly a confidential advisor, an ombudsman and someone from the management team.

I sincerely hope that this case will be evaluated properly. Look into the mirror and ask yourself what else you could have done. You can learn a lot from doing so.”

The dean’s response: ‘Each situation requires customisation’

Why did Simon’s supervisors do what they did? How do they look back at the situation now? The dean was prepared to answer a few questions in writing on behalf of the faculty. However, the dean did not want to discuss this particular case ‘to protect the privacy of everyone involved, the complainants and the assumed perpetrators’. “It is essential that we talk to each other, learn from misunderstandings and mistakes, and make these open for discussion.”

Go to the whole response by clicking ‘Lees meer’.

Lees meer

Solutions: discussion table and escalation ladder

Inge te Brake again emphasises that mistakes were made in Simon’s case right from the start. “And this led to unnecessary damage,” she says. No consultation was held on how to deal with the situation while Te Brake says that this should have been done. Most supervisors by far have never been trained on dealing with reports. Te Brake believes that the dean should have held discussions so that a better solution could have been found. “The dean should have consulted third parties and been informed about the most appropriate course of action in the case. It may have meant that Simon could have stayed at the faculty.”

Te Brake also says that it is not enough that supervisors should be more aware of the actions they can take, but that they above all need to consult and listen. She also says that a contact point for transgressive behaviour is not generally for supervisors. “Supervisors can ask any confidential advisor what the best thing to do is in a particular case.”

But the discussion or solution table (see The role of the faculty box) is the best advice, she says. For more information she refers to the ‘Handreiking cultuurverandering op de werkvloer’ (guidelines on changing culture on the work floor, in Dutch) by Mariette Hamer, the Government Commissioner for Sexually Transgressive Behaviour and Sexual Violence. The guidelines can also be used in other forms of transgressive behaviour, says Te Brake. She advises supervisors to read the 27 step escalatieladder  (escalation ladder, in Dutch) by Van Oss and partners, of which she is a co-author.

  • Go to our Inspectorate’s report dossier
Editor in chief Saskia Bonger

Do you have a question or comment about this article?

s.m.bonger@tudelft.nl

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