In the Cotran decision, the California Supreme Court ruled that the appropriate inquiry in adjudicating a breach of contract claim was whether the employer’s conclusion of misconduct was reached honestly after an “appropriate investigation” (rather than whether the employee actually committed the act). In sexual harassment cases, the issue is whether the employer had a good-faith belief, based upon a reasonable and thorough investigation, that harassment had occurred. Neutrals, including NAA members, are called upon to make this determination, and the author examines the questions, issues and dilemmas that arise.