Finding the Facts - Disciplinary and Harassment Investigation

A PPENDIX E

S AMPLE S TATEMENT AND Q UESTIONS FOR U SE AT THE B EGINNING OF THE I NVESTIGATIVE I NTERVIEW

Good morning. The date is ____, and the time is ____. As you know, I am [ insert name and title ]. In addition to myself, also present are [insert names and titles ]. This is an investigative interview. I’ve asked you to come to this meeting to provide information about events that may have occurred on [date]. The events concern [ insert general information about what misconduct may be involved ]. There is a possibility that the information obtained through this meeting could lead to disciplinary action against you.

Do you understand that I am audio recording this meeting to be sure that there is a clear record of what occurred during the meeting, i.e., the questions I asked and the answers you gave?

You have a right to be represented by the representative of your choice during this investigative interview. [ If no representative is present : Do you waive your right to have a representative present during this investigative interview?] [ If a representative is present :] I understand that [ insert name of representative ] is present to represent you. _____, I will be asking questions directly to [ insert name of employee ], and will require [ him/her ] to respond directly. You are free to make any necessary clarifications or statements and to participate fully in this process.]

At any time during this interview, you will be allowed to use the bathroom, get a drink of water, or have a short rest break.

Did you receive my memo of [ date ]?

Do you fully understand the contents of that memo?

Do you have any questions before we begin?

Do you understand fully what I’ve said so far?

Disciplinary and Harassment Investigations ©2019 (e) Liebert Cassidy Whitmore 89

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