Finding the Facts - Disciplinary and Harassment Investigation

Always interview students separately and not in a group setting. Remember to ask student witnesses whom they have talked to before the interview. You will want to be able to assess to what extent the student’s report has been influenced by rumor or the experience/observations of other students. ix. Methods of Recording Interviews: To Tape Record or Not to Tape Record? It is strongly recommended that the suspect’s interview be tape recorded. It is imperative that the investigation provide an accurate and reliable record of the suspect’s statement and taping the interview is the most effective way to accomplish this. As for witness interviews there are advantages and disadvantages to tape recording that must be weighed by the investigator before considering whether or not to tape record. An advantage to tape recording is that it ensures an accurate record. When taking notes, it is often difficult to record all information that is being provided. Something that may not seem relevant or important when first said may later turn out to be a key fact that might have been missed if relying on the investigator’s notes only. The person interviewed may also later forget or deny saying something during an interview, regardless of what is reflected in the investigator’s notes. A verbatim record of what was said during an interview ensures accuracy and provides conclusive support for the investigator’s Findings of Fact. As an alternative to tape recording, the investigator may want the person interviewed to sign a written statement of his/her version of events. The written statement should be prepared by the investigator to ensure that it contains all the necessary information, and should be signed by the witness immediately so that he/she can be held accountable for his/her statement. Even if an interview is tape recorded, the investigator should always take notes regarding the witness’s demeanor and credibility. This information should be recorded even if the interview is not being tape recorded and the investigator is relying solely on his/her notes of the interview. The investigator should remain cognizant, however, that his/her notes may be subject to discovery in a subsequent administrative or judicial proceeding. Thus, the interview should be professional and respectful in tone, and the written notes should reflect this. The investigator may also want to record his/her observations, interpretations, and conclusions on a separate sheet of paper apart from his/her notes of facts gathered. All things considered, taping the interview is the most effective way to verify the accuracy of the witness’s statement and should be the rule rather than the exception. On the other hand, a disadvantage to tape recording is that it can be intimidating and cause the witness to be reluctant to provide information.

Disciplinary and Harassment Investigations ©2020 (e) Liebert Cassidy Whitmore 53