Finding the Facts - Disciplinary and Harassment Investigation

One way to make these preliminary determinations is to develop a chart containing:



The factual allegations

 What information is needed to determine whether or not the alleged conduct , and

 Possible witnesses concerning each condition.

For example, in a case involving an allegation that a supervisor told an employee that her odds of receiving an upcoming promotion were good if she “played ball” and then asked her out to dinner, a chart may look like this:

COMPLAINT: Quid Pro Quo Sexual Harassment

Condition No. 1: Was a sexual favor sought?

Needed Facts: Did the supervisor actually use the term “play ball”? Did the supervisor actually ask the complainant out to dinner? If so, what did the supervisor mean by “play ball”? Did the dinner invitation constitute sexual conduct? Was any other sexual favor sought? Did the supervisor seek sexual favors from any other employees? Witnesses: Did anyone observe or overhear the conversation between the supervisor and the complainant? Was anyone else at dinner with the supervisor and complainant? Was anyone else harassed by the supervisor? Has the complainant complained about being sexually harassed by any other employees? 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:



The complainant,



The alleged harasser,



Bystanders, and

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

Disciplinary and Harassment Investigations ©2020 (e) Liebert Cassidy Whitmore 35