Checklist for Sexual Harassment Investigations

1. Preliminary Considerations
   • Use two investigators, if possible.
   • Create a confidential file.
   • Conduct interviews in a private room.
2. 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.
   3. 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.
   4. 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.
3. 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.
   4. 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.
   5. Follow up with the victim and perpetrator after the decision has been made.

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