All respondents are entitled to due process, which means the respondent must be treated fairly throughout the investigation. They need to know exactly what the allegations are and to be given the opportunity to fully respond. At the outset state that you are investigating a complaint of workplace misconduct at the employer's request.

You can use the Harassment Investigation Interview Guidelines to help you with this interview.

Begin by reviewing the allegations in their entirety. Give the respondent an opportunity to respond to each and every allegation. Give them the opportunity to tell their side of the story before you ask about the specifics.

Narrow your questioning by using the "who, what, where, when and how" method. If you begin with a narrow line of questioning, you will not receive the respondent's emotional response to the allegations. Ask questions that provide chronological answers, such as, "Then what happened?" or "Where were you on x date at x time?" Ask your questions slowly and methodically. Sometimes a respondent may not provide a full answer to a question, do not continue to the next question until you feel the prior question has been fully answered. While narrowing your questions allow the respondent to identify their own relevant witnesses and evidence. When conducting any respondent witness interviews follow the same procedure as complainant witnesses.

Develop a standard way to close the interview. The closing should include the following:

  • Tell the respondent that they should not do anything to impede or interfere with the investigation.
  • Ask the respondent if there is anything else they want you to know to successfully complete your interview.
  • Inform the respondent that you may need to speak with them again before you close the investigation.
  • Reiterate the company policy against retaliation. Make sure that the respondent understands that they cannot retaliate against the complainant, or anyone else who participated in the investigation and that no one else can retaliate against the respondent.

Following the interview, record your observations about the interview and the respondent’s credibility.