Finding the Facts - Disciplinary and Harassment Investigation

Condition No. 2: If there was sexual conduct, was it unwelcome? Needed Facts: Did the complainant go to dinner with the supervisor? Why? Was she uncomfortable? Did she feel she could refuse the invitation? Did she feel she could leave dinner? Had she ever gone to dinner with the supervisor before?

Witnesses: See Condition No. 2. Did the complainant talk to any co-workers about the alleged conduct of the supervisor?

After identifying the relevant conditions, facts, and witnesses, the investigator will be in a better position to develop a preliminary list of questions and to identify potential witnesses to interview. Possible witnesses may include:

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The complainant,



The alleged harasser,

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Bystanders, and

 Individuals to whom the complainant might have talked to about the alleged harassment.

The investigator should keep a list of witnesses in the binder. The investigator should add witnesses to that list to keep it current, so that at the end of the investigation there is a final and complete list of witnesses. We recommend that the binder include a tab for each witness. The list of questions should include who, what, why, where, when, how, and anything else about each alleged incident. Assuming the complainant in the example above went to dinner with her supervisor, the investigator should ask the complainant:

 Who went to dinner? Was anyone else present?

 What happened at dinner? What did you talk about?

 What were you each wearing at dinner?

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What was said at dinner?



Why did you go to dinner?

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Where did you go to dinner?

 When did you go to dinner? How long did it last?

 How did you feel at dinner? Did the supervisor do anything to offend or intimidate you at dinner? Did the supervisor say anything to make you uncomfortable?

 Whom have you told about the dinner?



Who paid for dinner?

 Is there anything else that offended or intimidated you at dinner?

 Have you had dinner with your supervisor before? Since?

 Have you ever socialized with the supervisor outside of work? If so how often?

Disciplinary and Harassment Investigations ©2019 (e) Liebert Cassidy Whitmore 37