Investigating Harassment Complaints —Fiorenza

When did this occur?

Describe the alleged harasser’s behavior toward the complainant and toward others in the workplace.

What did the complainant tell you?

When did she/he tell you this?

Do you know of any other relevant information?

Are there other persons who have relevant information?

Questioning the alleged harasser. The investigator should then interview each person accused of engaging in the misconduct, and will also make a written report of this interview or interviews. It may be a good idea to tape record these interviews. The investigator’s questions may include:

What is your response to the allegations?

If the harasser claims that the allegations are false, ask why the complainant might lie.

Are there any persons who have relevant information?

Are there any notes, physical evidence or other documentation regarding the incident(s)?

Do you know of any other relevant information?

Determine credibility. Throughout all interviews, the investigator must determine the credibility of the witnesses, including the complaining witness and the accused. He/she should ask questions that have verifiable answers. For example, ask what time the incident occurred. If the accused was not at work at that time and company records can verify it, the witness is either mistaken or lying. In either case, he/she is not a good and reliable witness. Also try to determine whether the witness has any biases or improper motives in favor of or against the accused.

The conclusion. Analyze the notes and/or tape recordings of the witness interviews, as well as any documentary or other evidence obtained. Determine which witnesses are credible in light of all the information obtained.

Make a new time line of all uncontradicted facts. Then, in the appropriate time-slot on the time line, include the contradicted events. Based on the credibility of the witnesses and the physical evidence (as well as common sense), determine what happened.