Finding the Facts - Disciplinary and Harassment Investigation

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Table of Contents	4
Section 1 - Introduction	8
Section 2 - When Should an Investigation Be Conducted?	8
Section 3 - What Standard Does an Investigation Have to Meet?	19
Section 4 - Who Should Be Assigned to Conduct the Administrative Investigation?	20
Section 5 - Beginning the Investigation	26
Section 6 - Gathering the Facts	32
Section 7 - Evaluating the Facts	69
Section 8 - Writing the Report	73
Section 9 - Taking Corrective Action	78
Appendix A - Sample Notice of Investigation to Witness/Employee	83
Appendix B - Sample Notice of Interview to Accused (Non-Sworn)	84
Appendix C - Sample Notice of Investigation to Accused (Sworn)	85
Appendix D - Interrogation Admonition for Use in Sworn Police Interview	87
Appendix E - Sample Statement and Questions for Use at the Beginning of the Investigative Interview	89
Appendix F - Sample Statement in the Event Employee Refuses to Respond to Questions or Submit to Investigative Interview	90
Appendix G - Legal Opinion 16-03	91
Appendix H - Sample Notice of Completion of Investigation to Employee Complainant	105
Appendix I - Sample Outline of Written Report	107
Appendix J - Sample Policy and Complaint Procedure Against Harassment, Discrimination, and Retaliation	108
Appendix K - Legal Standard for Harassment	114
Appendix L - Principles Limiting Damages in Harassment Cases	127
Appendix M - EEOC Policy Guidance on Current Issues of Sexual Harassment (June 1999)	137
Appendix N - California Department Of Fair Employment And Housing Workplace Harassment Guide For California Employers (2017)	160
Appendix O - Regulations Regarding Transgender Identity and Expression	170
Endnotes	171

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