Finding the Facts - Disciplinary and Harassment Investigation

 What did [the Complainant] do in response to the conduct?

 Are you aware of the District’s policies on harassment and discrimination?

 What are the District’s policies on harassment and discrimination?

 Was anyone else present during the incident?

 Who was present during the incident?

 Is there anyone else that might have information regarding this complaint?

Who?

o

What information do you think they might have?

o

Do you have any documents or physical evidence relation to this complaint?

o

An investigator should allow the alleged harasser every opportunity to explain his/her alleged conduct. Without a fair opportunity to respond to each and every allegation, the investigator cannot prepare a balanced report based on the evidence.

LCW Practice Advisor

iii. Questions for the Witnesses:

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

What happened?

 Did [the Complainant] respond to the conduct?

 What did [the Complainant] do in response to the conduct?

 Did [the alleged harasser] do anything further after [the Complainant] made his/her statement?  Have you seen this type of behavior between [the Complainant] and [the alleged harasser] before this incident?

 Did you report [the alleged harasser’s] conduct to a supervisor?

 If so, when did you report the conduct and to whom did you make the report?

 If you did not report the conduct, why?

 Are you aware of the District’s policies on harassment and discrimination?

 What are the District’s policies on harassment and discrimination?

 Was anyone else present during the incident?

 What are the names of each person who was present during the incident?

 Have you told anyone about the incident? Who?

Disciplinary and Harassment Investigations ©2019 (e) Liebert Cassidy Whitmore 42

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