Finding the Facts - Disciplinary and Harassment Investigation

they will not be believed, and possible adverse impact on their present job and future promotional opportunities. Given these perceptions, always use a tone of non-condescending sensitivity. This is not to suggest that the investigator should or may prejudge the case. The complaint is the triggering device for an investigation; there is no basis for deciding whether harassment occurred or who is “telling the truth” until a full and fair investigation is complete. Basic fairness requires that the positions of both the complainant and alleged harasser be received with openness, and that the investigator refrain from pre-judging what happened or who is telling the truth until all of the relevant facts have been obtained.

b. Forms of Questioning: Do’s and Don’ts

i. Ask Open-Ended Questions (i.e., “What did he do next? What was your response?”) The investigator should avoid leading questions (e.g., “Isn’t it true that you forced her into the room?”). Leading questions point to an answer, may suggest that the investigator has prejudged the issue, and may make witnesses feel defensive and less willing to provide information.

The investigator needs to discover what the witness actually observed. Therefore, do not tell the witness any of the claims or facts learned in the course of the investigation. Imparting information to witnesses might cloud their memories and make them unsure of what they actually remember.

LCW Practice Advisor

ii. Establish a Foundation To establish a foundation, the investigator must gather basic information regarding the events and conversations so that the investigator can actually visualize what allegedly happened. If a witness is reporting the content of a conversation to the investigator, the investigator should first determine the identity of each speaker, the date, time and place of the conversation, and whether anyone else was present.

Disciplinary and Harassment Investigations ©2019 (e) Liebert Cassidy Whitmore 55