Disciplinary and Harassment Investigations

3. I MPARTIALITY Perhaps the most important quality of an investigator is impartiality. To conduct a fair investigation and to minimize conflict of interest claims, the investigator must not be biased in any manner toward the people involved in the investigation. Additionally, the investigator must not have any biases toward the nature of the allegations being investigated. If there is any doubt as to the investigator’s ability to remain impartial throughout the course of the investigation, another investigator should be assigned. 4. H ARASSMENT I NVESTIGATIONS : A CCOUNTABILITY , C ONTINUITY AND E XPERIENCE Accountability, continuity and experience are particularly important for discrimination and harassment investigations. The investigator should be knowledgeable in the area of discrimination and harassment, including the agency’s policies and procedures that prohibit harassment and the type of conduct being investigated, as well as being experienced investigating these complaints. 5. R EPORT -W RITING A BILITY The investigator must have the ability to compile and analyze the data from the investigation in a concise and organized manner. A good report will include any needed credibility assessments and will support conclusions with specific factual evidence. The investigator must understand the difference between making factual findings and inappropriate conclusions of law. B. W HEN TO U SE AN O UTSIDE I NVESTIGATOR In certain circumstances, an agency may want to consider using someone from outside the agency to conduct the investigation. An outside investigator should be considered when the alleged harasser is a high level employee or official in the agency. When the accused harasser is someone in such a position, it may be difficult to find someone within the agency who could perform an unbiased and impartial investigation. An outside investigator should also be considered if the investigation is complex. Investigations can be very time consuming. It may be more efficient to have the investigation conducted by someone outside the agency who can devote the time necessary to conduct a prompt and thorough investigation. There may also be multiple other reasons for considering an outside investigator.

Disciplinary and Harassment Investigations ©2020 (s) Liebert Cassidy Whitmore 18