Checklist for Sexual Harassment Investigations

• Investigation Guides
• An Employer's Guide to Conducting Internal Investigations
• 47 Quick Tips: Better Investigation Interviews
• Checklist for Sexual Harassment Investigations
• Black Book of Lie Detection

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Preliminary Considerations

• Use two investigators, if possible.
• Create a confidential file.
• Conduct interviews in a private room.

Gathering the Facts

1. Review relevant personnel files and company policies.
2. Interview the victim.
• Take the person complaint seriously.
• Explain the investigation but don't promise complete confidentiality.
• Find out what happened: GET SPECIFICS.
• Find out the effect of the harassment on the victim.
• Find out names of witnesses.
• Ask the victim what they want.
• Assess their credibility.
• Take a statement, if warranted.
• Type the notes of the interview.

Interview the perpetrator.

• Explain the purpose of the interview but state that no decision has been made on the truthfulness of the allegations.
• Identify the victim and the specific basis of the sexual harassment complaint.
• Ask the person to respond to the charges.
• Find out names of witnesses.
• Assess their credibility.
• Take a statement, if warranted.
• Type the notes of the interview.

Interview corroboration witnesses.

• Try to elicit identity of victim and perpetrator from the witness as opposed to identifying the victim and perpetrator to the witness at the beginning of the interview.
• Find out what he or she knows: GET SPECIFICS.
• Distinguish between firsthand and secondhand knowledge.
• Assess the credibility of the witness.
• Take a statement, if warranted.
• Type the notes of the interview.

Evaluating the Facts and Making the Decision

1. Evaluate the facts from a reasonable woman's perspective.
2. Distinguish between "unwelcome" and "voluntary" sexual conduct.
3. Draft a thorough, even handed report.
• Make the report chronological.
• Describe when first learned of the complaint.
• Provide exact details of the complaint.
• Note the documents reviewed.
• Describe the interviews.
• For all witnesses, distinguish between firsthand knowledge and rumor.
• State conclusions as to whether sexual harassment occurred and provide specific justification.
• Recommend corrective action if sexual harassment occurred. The corrective action should:
• be reasonably calculated to prevent further harassment.
• not punish the victim.
• be consistent with the discipline imposed in the past in similar situations.

Submit the report to the decision-making official. That official should:

• not be a rubber stamp.
• point out deficiencies in the report.
• ask follow-up questions.
• conduct interviews him or herself if necessary.
• document his or her actions.

Follow up with the victim and perpetrator after the decision has been made.

Source: EMPLOYEE RELATIONS LAW JOURNAL

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