Finding the Facts - Disciplinary and Harassment Investigation

The investigator should keep a list of witnesses in the binder. The investigator should add witnesses to that list to keep it current, so that at the end of the investigation there is a final and complete list of witnesses. We recommend that the binder include a tab for each witness. The list of questions should include who, what, why, where, when, how, and anything else about each alleged incident. Assuming the complainant in the example above went to dinner with her supervisor, the investigator should ask the complainant:

 Who went to dinner? Was anyone else present?

 What happened at dinner? What did you talk about?

 What were you each wearing at dinner?

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What was said at dinner?

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Why did you go to dinner?

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Where did you go to dinner?

 When did you go to dinner? How long did it last?

 How did you feel at dinner? Did the supervisor do anything to offend or intimidate you at dinner? Did the supervisor say anything to make you uncomfortable?

 Whom have you told about the dinner?

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Who paid for dinner?

 Is there anything else that offended or intimidated you at dinner?

 Have you had dinner with your supervisor before? Since?

 Have you ever socialized with the supervisor outside of work? If so how often?

 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

Disciplinary and Harassment Investigations ©2020 (e) Liebert Cassidy Whitmore 36