Start Up questions when Investigating

SLPaulson

Does anyone use a set of questions they ask when beginning an investigation in an Harassment? For example, you have someone come to your office to file a complaint. What questions do you ask the individual about the complaint and what questions when you talk with the offender, witness, etc? Do you have a guidebook or information regarding conducting an investigation? I want something that gives examples, not "make sure you have all your facts together, etc." I am looking for something with meat.

POPEYE

[font size="1" color="#FF0000"]LAST EDITED ON 09-13-05 AT 01:19PM (CST)[/font][br][br]No set questions as each and every investigation will be different based on the circumstances. One thing I do recommend, never start questioning either party until you have their written statement. That will give you an outline for your questions and will insure that their stories don't change.

HRinFL

Although all investigations are unique, I do have common questions I ask. I think before you do anything, you need to have a "base line" reading of the person before you start getting to the crux of the interview. I typically start with some small talk and try to gauge how they respond, what their body language is, etc.

For the person making the complaint, you need to know as many details as possible. Namely, who is the alleged harasser, when did the alleged harassment begin (dates/times), what specific examples can they give (what did the alleged harasser specifically say, where did s/he touch you, etc.), who was there, what did you do, did you tell the alleged harasser to stop, who did you talk to about the alleged harassment and when did you talk to them about it. You have to feed off of the information given. As the ee tells you what happened, you need to think of follow up questions. Don't accept broad statements or generalities, keep narrowing your questions and make the ee tell you what happened. I have them write a statement after I speak to them.

I speak to any witnesses next. I ask them if they have had any issues with any other ees. Do they know any one that is having any problems. If they bring up the ee that complained, I ask them to tell me what they know. If not, I ask them about that person. Who is the person having problems with, do they know what the problem is, what have they personally witnessed or heard, where did the incident take place, how many times have they witnesses something inappropriate by this person, has anyone else said anything about the problem, when did they first become aware of the situation, who did they talk to about the situation, etc. Again, you direct the interview and feed off of the person's answers.

After speaking to any and all witnesses, I speak to the alleged harasser. I ask them about the ee that complained and to explain what happened. I go through each specific allegation with the ee and ask them to explain what happened. Again you ask if there were any witnesses, what specifically was said or done, where the alleged indicent took place, etc. I ask why the ee that complained would make these allegations (most deny the allegations). If they deny and I have witnesses that substantiated the allegations, I let the alleged harasser know that there has been information provided that suports the allegations and ask why others would claim that the alleged misconduct occurred. I will explain the importance of honesty and start again with what happened. Again, you do not want to accept broad statements and generalities, keep pressing for specifics. If there are no witnesses, this is harder to do, but you can usually tell if someone is being forthcoming. If you think they are not, tell them that you can't understand and keep pressing them. Sometimes they will break, sometimes they don't. Get statements from everyone you talk to. Good luck, it is not common where you have any witnesses. How much pressure you put on someone is up to you and your company's philosophy. Personally, if the complainant can give me specific details, it adds credibility to the complaint and I really turn the screws. You keep pushing until you feel comfortable you have all the information. Before every investigation, I write who, what, when, where, why, and how, on my note pad. Start with those broad questions and keep tightening the circle.

SLPaulson

Great advise, this is helpful.

WT

Specific details are very good. What happened exactly. Who saw it or who knew or who did the person tell. Another thing that I have found useful in investigations is to type up my notes. I show them to the person interviewed and ask them if all facts are correct. I let them edit the content for accuracy and retype. Then, I have them sign the page. Time and time again under pressure from various forces, I have seen stories and accounts change in a material way. This process, which documents what people say, gives them a chance to make corrections in a contemporaneous time frame and then have a signature at the bottom, goes a long way toward discouraging any "improvement" on the account if you end up in front of a third party.