Next, interview any witnesses that the complainant provided that you determined to be relevant to the investigation. You do not need to interview every witness identified by the complainant but you do need to ensure due process for the complainant. When considering which witnesses to interview review what information the complainant claims the witness may have and whether any witnesses are duplicative.

Other interviewees in a harassment investigation include:

  • Those who observed the alleged conduct
  • Those who observed the alleged conduct
  • Authors of relevant documents.

Be sensitive to the fact that being interviewed as part of an investigation can be quite stressful.

The interviewee may be uncomfortable and want to know:

  • If they are being investigated.
  • How the information uncovered during the interview will be used.
  • If the information will remain confidential.
  • If the investigation will result in disciplinary action.

Similar to interviewing the complainant, you need witnesses to talk openly and candidly with you by making an effort to put the interview subject at ease. Anticipate the questions or concerns that may come up and be prepared to address these questions or concerns honestly and forthrightly. Use the following guidelines to help you conduct successful interviews.

  1. Prepare a standard opening statement for all witnesses different from the complainant interview opening statement.

    “I appreciate your time today.I am conducting an investigation and you have been identified as someone who may have some information related to my investigation. You are not the subject of thes investigation.This organization is committed to prompt, thorough and impartial investigation.In keeping with this commitment, information you provide will be kept as confidential as possible. However, as part of the investigation, complete confidentiality cannot be promised as information may need to be disclosed to those w ith a need to know in order to conduct a thorough investigation or to take remedial measures.”
  2. When speaking with witnesses, provide them with only the information necessary for your investigation, do not question them about allegations for which they were not identified as a witness. This helps maintain confidentiality to the maximum extent possible.
  3. When interviewing a witness, use the Harassment Investigation Interview Guidelines to structure your interview. As you did with the complainant and will do with the respondent, go through the events chronologically and ask for any information the witness has to corroborate or refute what you have been told. It may also be necessary to ask the witness if they're aware of any other workplace misconduct by the respondent and whether the complainant harbors any bias against the respondent.
  4. Develop a standard "close" to the interview. This should look similar to the close to the complainant's interview and will include:
    • Discuss with the witness the importance of maintaining the integrity of the investigation and that any actions that would impede or interfere with the investigation may affect the investigation and violate their employer's policy;
    • If you are preparing a witness statement, do so at this time if possible. If this is not possible, inform the witness of your intent to do so and explain that they will have an opportunity to review and revise it before the document is signed;
    • Asking the witness whether there is anything else they want you to know related to what was discussed in the interview; and
    • Informing the witness that you may need to speak with them again before you close your investigation.
  5. Following each interview, record your observations of the interview and the credibility of the witness.