Finding the Facts - Disciplinary and Harassment Investigation

b. What About the Difficult Questions? The investigator may want to consider saving sensitive and potentially embarrassing questions until the end of the interview. Asking these questions at the beginning of the interview may make the witness defensive and reluctant to provide information. Allegations in harassment complaints often make people feel uncomfortable and embarrassed. The investigator must not conclude the interview, however, without asking the tough questions.

Marital communications privileges do not apply to law enforcement administrative investigations and hearings. 83

c. Follow-Up Questions: Don't Forget to Ask! Even though the investigator has prepared a list of questions beforehand, the investigator must not forget to follow up on answers to these questions with additional questions. The list of questions should only be used as a guide. Witnesses often provide information that was not expected. The investigator should pursue this information with follow-up questions. The investigator must be thorough and should ask every witness who else may have seen or may know of the alleged incidents; how to contact those individuals (if they are no longer with the organization); why the witness believes those individuals may have additional information; and what information those individuals may have. d. Questions for the Complainant The investigator should conduct a very thorough interview of the person who alleged that he/she was harassed. In addition to gathering facts supporting the alleged incidents of harassment, the complainant should be asked if he/she ever discussed the allegations with anyone. If so, to whom and when? What did you tell him or her? If not, why not? The complainant should also be asked if he/she kept notes of what happened. If so, the investigator should obtain a copy of the notes if the complainant still has them. If the alleged perpetrator is the complainant’s supervisor or a co-worker with whom the complainant works, the complainant should be asked if he/she believes he/she can still work with that person. If he/she does not believe he/she can, the investigator should ask if there is anything he/she would like the district to do to address the situation. e. Questions NOT to Ask There are some questions the investigator should not ask. An investigator should not ask questions that are wholly irrelevant to the allegations being investigated. Nor should an investigator attempt to elicit information protected by a person’s right to privacy unless it is clearly necessary to a full and thorough investigation. For example, in an investigation of alleged harassment, a pre-existing relationship between the complainant and the alleged harasser may be relevant to whether some of the conduct was welcome, but the complainant’s sexual relationships with other people would not be.

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