Effective Communication and the Misconduct Claim

Effective
Communication
and the
Misconduct Claim
 Effective Communication and the Misconduct Claim

Course Objective
Provide Spa Associates, Service Providers, Managers and
Owners with the tools needed to appropriately engage with
guests who report an Inappropriate Incident.
It should be noted that no two claims are alike. While this
presentation provides a solid framework, many times claims
will need to be handled on a case by case basis.

A quiz at the end of the course will test your knowledge. You
must achieve a score of 90% or better to earn a Certificate of
Completion.

I understand that I am receiving training in my capacity as an employee of a franchisee of Hand and Stone. I understand that I am not an employee or joint employee of
Hand and Stone Franchise Corp. and that any training, guidance, or tools that I receive from Hand and Stone Franchise Corp.’s trainers or employees is designed to train
me in brand standards and procedures in order to ensure that customers of Hand and Stone receive consistency in products and customer experience at each franchise. I
understand and acknowledge that Hand and Stone Franchise Corp. did not hire me, is not my employer, is not responsible for my wages, benefits, or supervision, and
does not control any of the terms or conditions of my employment with my Employer.
 Effective Communication and the Misconduct Claim

In the fall of 2017, when the media exploded with reports of sexual
misconduct in the spa industry, Hand and Stone was ahead of the
curve and had already instituted measures to protect both the
client and the service provider.

In our efforts to stay ahead of the curve, we created this simple

road map to guide you through the process of how to engage with
a client should they present with a claim of inappropriate conduct
by a service provider. It is crucial for every staff member to know
how to appropriately respond if misconduct occurs and is reported.
Effective Communication and the Misconduct Claim

The Basics of Communication

• Levels of Listening Skills

• Paraphrasing
• Mirroring with Empathy
• Broad Questions
• Non-verbal communication
• Leading questions and statements
• Self- Defense behaviors
Effective Communication and the Misconduct Claim
The Basics of Communication
Levels of Listening Skills

Empathetic Slow down, Be Patient, Talk Less,

Listening Listen More, Repeat Back

Attentive Listening
(listening and judging)
Selective Listening
(only listen if we agree)

Pretend Listening
(Distracted)

Ignoring
(Not listening at all)
 Effective Communication and the Misconduct Claim

The Basics of Communication

Paraphrasing
• Using other words to reflect what the client says
• Shows not only that you are listening, but that you are
attempting to understand
• Due to assumptions, stereotyping, or prejudices, people often
hear what they expect to hear
 Effective Communication and the Misconduct Claim

The Basics of Communication

Mirroring with Empathy
• The accurate and empathetic reflection of feelings or deeply
meaningful experiences that have been expressed
• Use either the same words as the original speaker, or
different words that capture the same underlying emotional
message
• This builds rapport and helps the client feel at ease
Client: I’m really upset about what happened.
Interviewer: I hear that you’re very upset about what happened
to you. (Said with a similar feeling and voice tone).
 Effective Communication and the Misconduct Claim

The Basics of Communication

Broad Questions
• Start by asking very broad, open-ended questions
• Allows for an open discussion and for the client to describe the incident
in depth
• If your open-ended questions don’t get you the information you need,
ask more specific, pointed questions
• A good example is to start with: “Please tell me exactly what
happened.”
 Effective Communication and the Misconduct Claim

The Basics of Communication

Non-verbal Communication
Behavior and elements of speech aside
from the words themselves
➢ Pitch
➢ Speed
➢ Tone and Volume of Voice
➢ Gestures and Facial
Expressions
➢ Body posture
➢ Stance
➢ Proximity to the Client
➢ Eye Movements and
Contact
➢ Dress and Appearance
 Effective Communication and the Misconduct Claim

The Basics of Communication

Leading Questions and Statements
A leading question is one that leads a client to an answer.
Here are three examples of leading questions:

➢ LEADING: “Did you see Michael at 3:00 pm?”

➢ NEUTRAL: “What time did you see Michael on the day in question.”

➢ LEADING: “Did John massage your glutes and abdomen?”

➢ NEUTRAL: “Please tell me what happened.”
Based on the response this would be followed by separate questions for each variable in
their statement.

➢ LEADING: “You told Paul your glutes were tight, didn’t you?”
➢ NEUTRAL: “Tell me the areas you asked Paul to focus on.”
 Effective Communication and the Misconduct Claim

The Basics of Communication

Self- Defense behaviors
The person who behaves defensively, even though he or she also gives some attention to
the client, devotes an appreciable portion of energy defending himself or herself.

Examples of defensive statements would include:

➢ “We do thorough background checks on all of our employees”

➢ “This has never happened in our spa before”
➢ “He has been with us since we opened and no one has ever complained”

These statements serve to invalidate the client’s feelings and opinions and make them
feel disbelieved.
 Effective Communication and the Misconduct Claim

The Basics of Communication

It’s the How not the Who or What

• When communication breaks down we often blame it on WHO's

talking or on WHAT's being talked about
• What's actually most important is HOW people talk to each other, the
specific combinations of words and voice tone
• For example these 4 words can mean completely different things
depending on how they are said.
• ”How did THAT Happen?” Said with blame with the accent and
disapproving tone on the word THAT.
• Or just simply “How did that Happen?” said with curiosity and
interest.
 Effective Communication and the Misconduct Claim

Interview Do’s and Don’ts

DO DON’T
Be Non – Accusatory Be Accusatory
Be Neutral and Objective Be subjective and advocate for the spa
Gather Information that is relevant to the Actively try to persuade the client to not
Investigation press charges
Reassure and gain the trust of the client Be self-defensive
Use Broad, open-ended questions in a Ask only narrow or leading question
free flowing format
 Effective Communication and the Misconduct Claim

How is a Claim Reported?

A report of misconduct can be made in a variety of ways:

• Immediately following the service to the Spa Associate or Manager
• Following the service via phone to the Spa Associate or Manager
• During a subsequent service to another Service Provider
• Potential Misconduct Alert from SMG

ALWAYS REFER TO THE DESIGNATED REPORTING PERSON

 Effective Communication and the Misconduct Claim
Following the Service to the Spa Associate or Manager
• Notify Designated Reporting Person – This is the only person that should be
taking a statement. The Spa Associate’s only role is to facilitate bringing the
two parties together.
• Provide Client a “safe space” for discussion of incident and a place to wait
should the Designated Reporting person not be immediately available. Spa
Associate should ask client if they would like the authorities contacted while
waiting for the Designated Reporting Person.
• Sensitivity and awareness should be considered at all times to keep those
involved in the incident from seeing each other.
• Be sensitive to immediate needs, water, tissue, etc.
• Designated Reporting Person should take notes as they speak so you can
confirm you understand what happened.
• Keep it simple.

IF THE DESIGNATED REPORTING PERSON IS NOT PRESENT AT

THE SPA, ASSURE THE CLIENT YOU WILL CONTACT THEM
IMMEDIATELY, AND THEY WILL GET BACK TO THEM ASAP.
OFFER TO CONTACT THE AUTHORITIES ON THEIR BEHALF
 Effective Communication and the Misconduct Claim

Delayed Reporting

Delayed responses to trauma include:

✓ Persistent fatigue
✓ Sleep disorders
✓ Nightmares
✓ Fear of recurrence
✓ Anxiety focused on flashbacks
✓ Depression
✓ Avoidance of emotions, sensations, or activities that are associated with the
trauma, even remotely

Due to the delayed response and feelings of shock, it is not unusual for the client to leave
the spa without saying anything and even leave a tip. It could take days, weeks or even
months for the client to come forward and report the incident.
 Effective Communication and the Misconduct Claim
Following the service via phone to the Spa Associate or Manager
• Notify Designated Reporting Person – This is the only person that should be taking a
statement. The Spa Associate’s only role is to facilitate bringing the two parties
together.
• If the Designated Reporting Person is not immediately available inform the
caller you will be placing them on a brief hold while you locate them
• If the Designated Reporting Person is not present at the spa ensure them
you will call them as soon as you hang up and they will get back to them
ASAP. Ask client if they would like to contact the police or have you contact
them on their behalf.
• It is perfectly acceptable to say “I am sorry for the inconvenience but due to
the sensitive nature of this issue only my Manager/Owner is able to address
your concerns.”
• Transfer to a private room (not to be heard in lobby)
• Expedite. This is first priority.
• Designated Reporting Person should encourage a face to face meeting. If the client is
not willing to meet, gather as much information as possible via phone.
 Effective Communication and the Misconduct Claim

Phone Call Review

What went wrong?
What would have been better?

DO
Offer to meet outside of spa
Listen without judgement
SA should not ask for details
Treat with urgency
Be Neutral
DON’T
Require client to come back to the spa to
make their statement
State what you think
Use a tone of voice that conveys doubt
Place client on a long hold
Be Defensive

Conversation with Designated

Conversation with SA
Reporting Person
 Effective Communication and the Misconduct Claim

During a subsequent service to another Service Provider

• Notify Designated Reporting Person – This is the only person that should be
taking a statement. The Service Provider’s only role is to facilitate bringing
the two parties together.
• Provide Client a “safe space” for discussion of incident and a place to wait
should the Designated Reporting person not be immediately available. Ask
client if they would like us to contact the authorities on their behalf.
• Sensitivity and awareness should be considered at all times to keep those
involved in the incident from seeing each other.
• Be sensitive to immediate needs, water, tissue, etc.
 Effective Communication and the Misconduct Claim

Potential Misconduct Alert from SMG

• Upon receipt of the Alert, contact the client immediately
• Encourage a face to face meeting outside of the spa
• Ask if they would like to contact the police or to contact
them on their behalf
• If the client is not willing to meet, gather as much
information as possible via phone
 Effective Communication and the Misconduct Claim

CONDUCTING
THE INTERVIEW
 Effective Communication and the Misconduct Claim

Taking Notes and Recording the Interview

If the client does not wish Ask the client’s permission to record the meeting.
to be recorded proceed Ensure them you are only recording the session for the purpose of
with the interview and
take thorough notes. accurately capturing all the information they provide.
The beginning of the interview should capture details of the interview & the
consent of the interviewee to record the conversation.
Example:
• I am JOHN SMITH, employed by /owner of Hand and Stone at 1 Park Place, Anywhere, PA 19000
and today is 1/1/2018 @ 12pm.
• I am speaking with JANE SMITH, of 2 Smith Road, Anywhere, PA 19000.
• Ms. Smith, do you understand that this conversation is being recorded? (Response – Yes).
• Ms. Smith, do I have your permission to record this conversation? (Response - Yes).
• Confirm date, time, details of the appointment.

*All interviews should be forwarded to incidents@handandstone.com and your insurance company

should be copied.
 Effective Communication and the Misconduct Claim

Taking Notes and Recording the Interview

There are two primary reasons why the electronic recording of interviews is
important, it is the best way to:
1. Retain the information for any follow up investigations
2. Present the evidence should there be an ensuing court case

Taking Notes
You can take notes by hand initially however, they should be typed after
the interview.

REMAIN SYMPATHETIC BUT NETURAL. DO NOT APOLOGIZE OR ADMIT

WRONG DOING. THE INTERVIEW IS STRICTLY TO GATHER
INFORMATION AS PART OF THE INVESTIGATION.

*All interviews should be forwarded to incidents@handandstone.com and your insurance company should be
copied.
 Effective Communication and the Misconduct Claim
Setting the Interview Stage
1. Select an appropriate location if they bring this to your attention
after they have left the spa
✓ Safe and Comfortable
✓ Private and Distraction Free
✓ Arrange to meet some place other than the spa
✓ We recommend the Designated Reporting Person bring a staff
member of the same gender as the client, to be present for the
interview
2. Ask the client if they would like anyone to be present during
the interview
3. Explain the purpose of the interview
✓ Purpose is to gather information, NOT TO PLACE BLAME OR
JUDGEMENT!!
✓ The client DOES NOT have to make any immediate decisions about
whether to prosecute or not
 Effective Communication and the Misconduct Claim

Interviewing Best Practices

1. Present yourself in an accepting and compassionate
manner
2. Without interrupting the flow of the narrative, try to
interject comments that let him/her know that you are
listening
3. Encourage the client to continue talking while knowing
that he/she is being heard
4. Begin by asking the client to tell you in his/her own words
and at his/her own pace, what happened

Use open-ended Allow Client to Avoid leading

prompts control the pace questions
 Effective Communication and the Misconduct Claim

After the Initial Narrative

• Go back and clarify specific points
• Ask open ended follow-up questions
• Continue to move at the client’s pace, using a soft,
calm voice tone
• Remember, small details will help with the
investigation when it is a “he said, she said” situation

CONTROL GOSSIP WITHIN THE SPA. DO NOT TOLERATE

IMPROPER DISCUSSION OF THE INCIDENT WITH STAFF
AND/OR CLIENTS.
 Effective Communication and the Misconduct Claim

Concluding the Interview

• Ask the client if they have any additional information they
want to report
• Reassure the client you will do everything possible to facilitate
a speedy resolution
• Explain the next steps of the investigation and ask if they have
any questions
• Ask the client what they would like to see as the outcome
• Provide your contact information
• THANK the client for their patience and cooperation
 Effective Communication and the Misconduct Claim
Effective Interviewing
Golden Rule

First, Do No Harm………

All possible efforts should always

be made to minimize potential
further trauma to the client
 Effective Communication and the Misconduct Claim
Follow Up with the Client – Closing the Loop

Upon completion of your investigation update the client by informing

them of the following:
• We take these issues very seriously
• We performed a thorough investigation and spoke with all involved
• If the findings of the investigation result in termination:
• You should phrase the statement as follows – “we can assure
you, you will not see him at the spa again*.”
• If the findings of the investigation do not warrant termination,
examples include:
• He has been placed on probationary status and only being
scheduled with male clients
• He has been permitted to return to the schedule and will
receive additional training

Due to legal implications do not reveal the employment status of a terminated employee.
*
 Effective Communication and the Misconduct Claim

How to Handle Future Reference Requests From Other Establishments

• Do not discuss employee issues with others

• To avoid a defamation claim have a general policy of a “neutral
reference” confirming:
• Dates of employment
• Salary
• There is no duty to share unsubstantiated claims
• If the matter is reported to licensing authorities but no action has yet
been taken, you may have a duty to disclose
Effective Communication and the Misconduct Claim