Finding the Facts - Disciplinary and Harassment Investigation

b. The Interview: Who Should Be Present? Generally, the only persons who should be present during the interview are the investigator, the person being interviewed, and his/her representative where appropriate. Occasionally, however, the investigator may choose to have a third party present as a witness to the interview. The presence of a third party is particularly useful if the interview is not being tape recorded. In this instance, the third party may serve to corroborate information provided during the interview. When an interview is not tape recorded, persons interviewed may later deny saying what was communicated during the interview, regardless of what the investigator's notes reflect. A third party present during the interview will be able to corroborate the information that was, in fact, provided during the interview. i. Nature of the Investigation The interview should begin with an introductory statement summarizing the purpose of the interview and the general nature of the allegations being investigated. With the exception of peace officers, we do not recommend providing persons interviewed with information beyond the fact that they are being interviewed as part of an investigation into “alleged workplace misconduct.” This introductory statement should be prepared in advance, in writing, and read to each person prior to being interviewed. Peace officers must be informed of the nature of the investigation prior to any interrogation. 88 In a recent PERB decision, PERB concluded that the Contra Costa Community College District did not violate the Educational Employment Relations Act when it withheld copies of written discrimination complaints against two faculty members until after their investigatory interviews. 89 PERB held: “A union has a right to reasonable notice of the alleged wrongdoing in advance of an initial investigatory interview, but the union does not obtain the right to an underlying written complaint until after the initial investigatory interview.” 90 ii. How to Interview the Employee Who is Subject of the Investigation The investigator should give the alleged harasser an opportunity to respond to each allegation. Types of questions may include asking the alleged harasser to: c. The Interview: Introduction and Admonitions

 Describe his/her relationship with the complainant

 State facts showing that the allegations are not true

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Explain his/her conduct

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Describe his/her version of events

The investigator should also ask the alleged harasser to identify people who should be interviewed, and the information he/she thinks those persons will contribute to the investigation. The investigator should ask the alleged harasser for relevant documents and evidence as well. Finally, the investigator should ask the alleged harasser what steps he/she believes would be appropriate for the investigator to take to ensure a fair investigation.

Disciplinary and Harassment Investigations ©2020 (e) Liebert Cassidy Whitmore 43