Summary Checklist

Warning: Even if the sexual harassment was witnessed by others, you must interview the harasser. You may get more information about others who were harassed. Remember, the company has an obligation to take appropriate action. If you don't know about other subjects of harassment, your ignorance is no defense, you must make every effort to find out.

1. Your initial meeting with the employee raising the complaint.

Date Done

Action Steps

Be sure the person raising the complaint is comfortable with you handling any investigations.

When conducting your initial interview, get the facts - who, what, when, where, how and why.

2. Determine if an internal investigation is needed.
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Action Steps

Will a single answer resolve the complaint?

Are other employees involved?

Do you need more facts than the employee is able to provide?

Do you need the help of any other resource in order to reach a conclusion?

3. Determine the nature of a complaint before initiating a formal investigation.
Date Done

Action Steps

Identify the employee's specific complaint's)

Determine the company's obligation to resolve the issue.

Decide who else is necessary to assist you in resolving the issue.

4. Plan the investigation.
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Action Steps

Determine which policies, guidelines or practices apply to this situation.

Obtain all relevant documents that will assist you in conducting your investigation.

Determine who is suited to conduct this investigation.

Decide who you should interview

Decide the order of your interviewees.

Determine if any interim actions are necessary before you initiate the investigation.

Outline the questions you will ask.

5. Conduct the actual investigation.
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Action Steps

Anticipate the questions that each of your interviewees will ask.

Before you begin the interview, be prepared to explain what you are investigating, why the interviewee is being interviewed and how the information obtained will be used.

Remember to stress that no conclusion has yet been reached.

Be sure to emphasize your company's policy regarding confidentiality and reprisal.

6. Conduct an effective interview.
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Action Steps

Give the person who is the focus of the investigation sufficient information to respond to the claim.

Obtain the interviewee's detailed account of the events surrounding the claim.

Get as much information as possible from the interviewee. 1. Understand what policy or guideline forms the basis of the complaint. 2. Understand what facts are necessary to reach a conclusion.

Effective techniques for asking questions. 1. Draft a preliminary list of questions you want to ask. 2. Save unfriendly or embarrassing questions until the end of the interview. 3. Don't begin with hostile or tough questions. 4. Start with "broad" questions. 5. Do not put words into the interviewee's mouth. 6. Ask the tough questions. 7. Go beyond your pre-planned questions. 8. Ask questions designed to elicit relevant facts. 9. Ask who, what, when, where, why and how type questions.

7. Before closing the interview.
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Action Steps

Relate the seriousness of the investigation.

Remind the interviewee of the confidentiality of the investigation.

Ask if there is anyone else you should talk to.

Review the interviewee's answers with the interviewee.

Encourage the interviewee to come back with additional information and/or documents.

8. Assess Credibility.
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Action Steps

Make notes that will help assess credibility as soon as the interviewee leaves.

Review the interviewee's chronology of events

Note the interviewee's demeanor.

What, if any, admissions were made during the interview.

Did the interviewee deny anything?

Were conflicting statements made?

Was the interviewee's explanation plausible?

9. Make a recommendation after completing your analysis.
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Action Steps

Were any of the company's policies, guidelines or procedures violated?

Is any violation serious or minor?

Do any local, state or federal laws require you to take certain actions?

What is the employee's history at the company regarding length of employment, previous complaints and /or problems, performance, etc.?

What, if any, factors would mitigate against instituting discipline in this case?

Follow up as appropriate.

10. Comply with the company's policies regarding documentation.
Date Done

Action Steps

Review the documentation guidelines to be sure you have documented your investigation properly.

Distribute your findings and conclusions to appropriate people pursuant to your company's guidelines.

Be sure that the "personnel files" of the employee raising the complaint and the employee who was the focus of the complaint are properly documented.

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