Finding the Facts - Disciplinary and Harassment Investigation

D. I NTERVIEWS

1. G OALS OF THE I NTERVIEWS

The purpose of interviewing the complainant, alleged harasser and witnesses is to gather basic and relevant facts in order to determine what occurred. Investigations should not be interrogations. Neither the complainant nor the accused party should feel they are being cross- examined. Studies have shown that open-ended questions are better at eliciting information while not causing people to feel attacked. The DFEH’s Workplace Harassment Guide also instructs investigators to ask open ended questions on all areas relevant to the complaint to get complete information from the parties and witnesses. 82 After asking open-ended questions, investigators should then follow-up as appropriate to get the necessary facts to make supportable findings.

The investigator should focus on the facts to find out:

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What happened?

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Who was involved?

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Who were the witnesses?

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How did it happen?

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When did it happen?

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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.

Disciplinary and Harassment Investigations ©2020 (e) Liebert Cassidy Whitmore 34