Finding the Facts - Disciplinary and Harassment Investigation

 Who else did you tell about each incident?

 When did you tell each other person about each incident?

 What did you tell each person about each incident?

 Aside from the conduct that you are now complaining about, has [the alleged harasser] done anything else that you found to be harassing?  Aside from the conduct that you are now complaining about, has anyone else done anything that you found to be harassing?

 How did you respond to [the alleged harasser] after each incident?

 If you responded to [the alleged harasser], what did [the alleged harasser] do in response to your statements?

 If you did not respond to [the alleged harasser], why not?

 If you did not respond to [the alleged harasser] at the time of the incident, have you ever followed up with [the alleged harasser] to discuss the incident?  Have you ever witnessed [the alleged harasser] act in the same manner towards another employee?  Have you ever heard that [the alleged harasser] acted in the same manner towards another employee?

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If so, when did the incident occur?

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When did you learn of the incident?

 Do you know if the incident was ever reported to a supervisor?

 Has anything changed since the first incident (i.e., has anyone taken an adverse employment action against you or have you received a favorable employment action)?  What do you feel should be done to [the alleged harasser] if the alleged conduct is found to be true?  It is a good idea to ask questions such as, “is that every incident,” or “are there any more” at the end of lists to ensure a complete investigation.

Disciplinary and Harassment Investigations ©2020 (e) Liebert Cassidy Whitmore 39