Finding the Facts - Disciplinary and Harassment Investigation

2. D OCUMENT THE C OMPLAINT If the investigation is triggered by a complaint, it should be thoroughly documented. A complaint can either be made verbally or in writing. When a complaint is made verbally, a written summary of the allegations should be made immediately and signed by the complainant, or the complainant should be asked to place his/her complaint in writing. If the complainant refuses to sign a written statement of the allegations or to submit a written complaint, a written record of the complaint should still be made with a notation of the complainant’s reluctance to place his/her complaint in writing. Having a written record of the complaint will provide accuracy and clarity of the charges being investigated and will guide the investigator in conducting the investigation. The investigator should make sure he/she fully understands the allegations and issues presented by the complainant, as well as the relevant policies. An effective tool is for the investigator to write down his/her initial analysis of the complaint. 3. R EVIEW THE A LLEGATIONS : W HAT T YPE OF D ISCRIMINATION OR H ARASSMENT ? Investigations are better focused and elicit more relevant information if the nature of the complaint is well understood. After a complaint of discrimination or harassment has been received and documented, the allegations must be reviewed to determine what type of discrimination or harassment is alleged in the complaint. Unlawful harassment includes both hostile work environment and quid pro quo sexual harassment. Keep in mind that harassing conduct may violate an district’s policy even though it would not constitute unlawful harassment. a. Hostile Work Environment For hostile work environment harassment to be unlawful, the conduct must be based on the alleged victim’s protected status or the perception of a protected status, such as his/her:

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Race

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National Origin or Ancestry

 Sex (including gender and pregnancy)

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Age (40 years and older)

 Physical or Mental Disability, or Medical Condition

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Religion

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Marital Status

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Sexual Orientation

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Gender identity and expression

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Genetic information

 Opposition to Unlawful Harassment (i.e., retaliation)

Disciplinary and Harassment Investigations ©2020 (e) Liebert Cassidy Whitmore 15