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The internal rules ‘Policy on dignity at work’ (‘the policy on dignity at work’), adopted by the EIB on 18 November 2003, provide: ‘Investigation procedure ... The investigation procedure shall contain the following provisions: ... – an Investigation Panel composed of three independent persons shall be formed ... – the Investigation Panel shall hold a number of hearings in order to hear separately both parties, any witnesses and any other person that it wishes to question, – both parties shall have the right to be heard by the Investigation Panel, – both parties shall have the right to be represented or accompanied, – the hearings and deliberations of the Investigation Panel shall lead to a recommendation submitted to the President, – the President shall decide what measures are to be taken. Tasks and composition of the Investigation Panel The Panel’s task shall be to provide a structure that guarantees an objective, independent investigation on one or more incidents, resulting in a recommendation to the President who shall decide what measures are to be taken. ... The procedure ... 2. The Director General of the Personnel Directorate, in agreement with the Staff Representatives, shall suggest the composition of the Panel to the President and set a date for the beginning of the investigation, at the latest 30 calendar days after the complaint is received. 3. The Director General of the Personnel Directorate shall immediately acknowledge receipt of the staff member’s memorandum and confirm the initiation of an investigation procedure. 4. Once the complainant’s memorandum has been received, the Director General of the Personnel Directorate shall ... d. indicate that the investigation will begin within 30 calendar days of the complaint being officially lodged with the Director General of the Personnel Directorate and that both parties will be notified of the date, time and location of their individual hearing, their right to be represented or accompanied and the composition of the Panel. ... The Hearing The purpose of the hearing shall be to establish exactly what happened and collate the facts to enable a reasoned recommendation to be drawn up. The parties shall not have the right to cross-examine as they shall be heard separately. They shall not be obliged to repeat unpleasant or embarrassing details as that is absolutely unnecessary. All parties involved in the investigation and the hearings, including assistants and witnesses, are reminded that they are bound by a duty of confidentiality. ... The Panel may adopt whichever procedure that it considers appropriate. In general, the hearing shall take the form of a series of separate meetings held in the following order: – first, the complainant – any witnesses mentioned by the complainant – the alleged harasser – any witnesses mentioned by the alleged harasser – if deemed necessary by the Panel, both parties may be called for new separate hearings. If required, the Panel may also question again the persons involved and possibly summon other members of staff or request information or copies of documents if, collectively, it considers that this is justified and relevant. If there is any uncertainty, the President shall have the last word on matters concerning access to files and data or recourse to other investigation methods, having consulted the Data Protection Officer if necessary. The Panel shall notify the complainant in the event of additional investigations. Outcome of the investigation Once all parties have been heard and any other appropriate investigations have been conducted, the Panel is expected to be able to make a decision and propose a reasoned recommendation. It shall not have any decision-making powers. The Panel may recommend either that: – the case be dropped because the two parties have been able to clarify the situation and a solution for the future, which is acceptable to both parties, has been found, – the case not be considered to constitute intimidation or harassment but a dispute at work that must be examined in greater detail or monitored, – the complaint be rejected, – the necessary measures be taken should it find the complaint to be unfounded or malicious, – the disciplinary procedure be initiated. The Panel’s written recommendation shall be made within five days of the end of the investigation and sent to the President to decide what measures are to be taken. Decision by the President ... Within five working days of the recommendation being sent to the President at the latest, both parties shall be informed in writing of the President’s reasoned decision. The Panel’s recommendation shall be enclosed with this decision.’