Finding the Facts - Disciplinary and Harassment Investigation

The investigator needs to discover what the witness actually observed. Therefore, do not tell the witness any of the claims or facts learned in the course of the investigation. Imparting information to witnesses might cloud their memories and make them unsure of what they actually remember.

LCW Practice Advisor

ii. Establish a Foundation To establish a foundation, the investigator must gather basic information regarding the events and conversations so that the investigator can actually visualize what allegedly happened. If a witness is reporting the content of a conversation to the investigator, the investigator should first determine the identity of each speaker, the date, time and place of the conversation, and whether anyone else was present.

EXAMPLES

Example 1

Witness:

“We discussed where to go for dinner.”

Investigator: “Let me ask you about some preliminaries to be sure I understand the context and content of the conversation.

- Where did this conversation take place? - When did this conversation take place? - Who was present? - Do you remember the content of the conversation? - Who initiated the conversation? - What did he say?

- What was your response? - What did he say next?”

Example 2

Witness:

“He brushed up against my butt.”

Investigator: “I would like to know a little more about what happened leading up to the touching.

- Where were you standing when he touched you? - Where was he standing when he touched you?

- Was he trying to move around you (e.g., tight quarters)? - Was there anything blocking his path to move around you? - Was anyone else standing around? - What did you say when he touched you? - What did he say in response?”

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