Finding the Facts - Disciplinary and Harassment Investigation

 Has anything changed since the first incident (i.e., has anyone taken an adverse employment action against you or have you received a favorable employment action)?  What do you feel should be done to [the alleged harasser] if the alleged conduct is found to be true?  It is a good idea to ask questions such as, “is that every incident,” or “are there any more” at the end of lists to ensure a complete investigation.

It is important for the investigator to avoid intentionally or unintentionally “discouraging” the complainant from disclosing the allegations during the interview. The investigator should not tell the complainant that he/she simply “misunderstood” the alleged harasser, or that proceeding with the investigation will cause him/her embarrassment among coworkers. The investigator should facilitate an open line of communication during the interview to ensure all relevant facts are obtained to support the ultimate findings, and not state preliminary judgments or opinions during the interviews.

LCW Practice Advisor

However, at the same time, the investigator should not “buddy up” to the complainant and disclose otherwise confidential information, such as telling the complainant that the alleged harasser has a “history” with the District. The investigator’s role is to gather the facts and avoid offering personal opinions. ii. Questions for the Alleged Harasser: The investigator should give the alleged harasser an opportunity to respond to each allegation. Types of questions may include asking the alleged harasser to:

 Describe your relationship with the complainant.

 Are you aware of any facts showing that the allegations are not true?



Describe your version of events.

The investigator should also ask the alleged harasser to identify people who should be interviewed, and the information he/she thinks those persons will contribute to the investigation. Ask the alleged harasser for relevant documents and other evidence. Finally, the investigator should ask the alleged harasser what steps he/she believes would be appropriate for the investigator to take to ensure a fair investigation. Effective questions include:

 Do you recall an incident involving [the Complainant] on [date and time]?



What do you recall happened?

 Did [the Complainant] respond to the conduct?

Disciplinary and Harassment Investigations ©2019 (e) Liebert Cassidy Whitmore 41