Finding the Facts - Disciplinary and Harassment Investigation

 Have you told me everything about the dinner you think is important? Is there anything else you wish to add?

After drafting the preliminary witness list, the investigator should draft a list of questions for each particular witness. The investigator should also compile any documents he/she may wish to use while interviewing each witness.

After interviewing a witness, the investigator should place the notes of the interview, the draft questions, and any relevant documents presented to or received from the witness, in the binder. All of these items can be placed in the binder behind each individual witnesses’ tab. Notes reflecting the dates and times witnesses are scheduled to be interviewed and are actually interviewed may also be included in the binder.

LCW Practice Advisor

b. What About the Difficult Questions? The investigator may want to consider saving sensitive and potentially embarrassing questions until the end of the interview. Asking these questions at the beginning of the interview may make the witness defensive and reluctant to provide information. Allegations in harassment complaints often make people feel uncomfortable and embarrassed. The investigator must not conclude the interview, however, without asking the tough questions.

Marital communications privileges do not apply to law enforcement administrative investigations and hearings. 82

c. Follow-Up Questions: Don't Forget to Ask! Even though the investigator has prepared a list of questions beforehand, the investigator must not forget to follow up on answers to these questions with additional questions. The list of questions should only be used as a guide. Witnesses often provide information that was not expected. The investigator should pursue this information with follow-up questions. The investigator must be thorough and should ask every witness who else may have seen or may know of the alleged incidents; how to contact those individuals (if they are no longer with the organization); why the witness believes those individuals may have additional information; and what information those individuals may have. d. Questions for the Complainant The investigator should conduct a very thorough interview of the person who alleged that he/she was harassed. In addition to gathering facts supporting the alleged incidents of harassment, the complainant should be asked if he/she ever discussed the allegations with anyone. If so, to whom and when? What did you tell him or her? If not, why not?

The complainant should also be asked if he/she kept notes of what happened. If so, the investigator should obtain a copy of the notes if the complainant still has them.

Disciplinary and Harassment Investigations ©2019 (e) Liebert Cassidy Whitmore 38