Finding the Facts - Disciplinary and Harassment Investigation

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Where did it happen?

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Why did it happen?

Answers to these basic factual questions will help lead to the facts necessary for a final decision on what occurred and whether to sustain or not sustain the allegations.

2. P REPARATION FOR THE I NTERVIEWS

a. Who to Interview and What to Ask One of the most effective means of gathering facts during an investigation is to interview witnesses who may have information about the allegations in the complaint. Before interviews are conducted, however, the investigator must decide:

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Who should be interviewed,

 The order in which the interviews should be conducted, and

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What questions to ask.

One way to make these preliminary determinations is to develop a chart containing:

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The factual allegations

 What information is needed to determine whether or not the alleged conduct , and

 Possible witnesses concerning each condition.

For example, in a case involving an allegation that a supervisor told an employee that her odds of receiving an upcoming promotion were good if she “played ball” and then asked her out to dinner, a chart may look like this:

COMPLAINT: Quid Pro Quo Sexual Harassment

Condition No. 1: Was a sexual favor sought?

Needed Facts: Did the supervisor actually use the term “play ball”? Did the supervisor actually ask the complainant out to dinner? If so, what did the supervisor mean by “play ball”? Did the dinner invitation constitute sexual conduct? Was any other sexual favor sought? Did the supervisor seek sexual favors from any other employees? Witnesses: Did anyone observe or overhear the conversation between the supervisor and the complainant? Was anyone else at dinner with the supervisor and complainant? Was anyone else harassed by the supervisor? Has the complainant complained about being sexually harassed by any other employees?

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