Finding the Facts - Disciplinary and Harassment Investigation

Example 4

Witness:

“He told me about this great new bar for ‘singles.’”

Investigator: “I understand he told you about the new bar, but I would also like to know what led up to the statement.

- Where did the conversation take place? - When did the conversation take place? - Have you discussed other types of nightlife before? - If so, what was discussed? - Has he ever asked you to join him at a bar or club? - Were other people present when the statement was made? - If so, were the other people discussing nightlife options?

iii. Distinguish Opinion from Fact It is the role of the investigator to gather evidence and reach conclusions based on the evidence. Often, however, witnesses answer questions by providing opinions and conclusions rather than facts. Opinions and conclusions must be recognized as such, and the interview should be re- directed. One way to re-direct it is to ask the witnesses for the facts on which they base their opinions and conclusions. iv. Follow the Leads! It is important that the investigator be flexible when interviewing a witness. The investigator should not rely solely on a script; rather should also ask questions based upon the answers given by the witness during the interview in order to gather as much information as possible. Investigators should always allow themselves the opportunity to re-interview the complainant, witness, and the alleged harasser to follow up on additional information discovered throughout the investigation.

5. C ONCLUSION

At the completion of the “gathering the facts” phase of the investigation, the investigator should have:

 Gathered and reviewed all relevant documents;

 Gathered and reviewed all physical evidence; and

 Conducted interviews of the complainant, the alleged harasser, and all witnesses.

Disciplinary and Harassment Investigations ©2019 (e) Liebert Cassidy Whitmore 57