Accurate note taking in a harassment investigation is critical. However, the investigator must be able to establish a rapport with the witness and assess their credibility. The investigator should assess the best method for taking notes while maintaining this rapport.
Focus notetaking on objective facts during the interview. This ensures your focus is on determining what actually happened and will help you reach a reasoned conclusion. Avoid including your interpretations, beliefs, feelings, frustrations, opinions or assumptions about what you hear or see during the interview. However, you may note and describe behaviors if it is part of an assessment about credibility. If you have a question about an employee's behavior, ask for an explanation and note the response.
Observe and record the employee’s demeanor and behavior without drawing your own conclusions about why this behavior is occurring. These observations may later help you evaluate credibility. Consider the differences in these examples: The following note contains facts as well as interpretations: I asked [person interviewed] if she had ever touched any of her employees. She nervously said “No.” I think she was lying.
This note records only the facts and describes what occurred: I spoke with [person interviewed] in my office from approximately 3:00 p.m. to 3:05 p.m. on October 7, 2016. Her manager was also present. I asked [person interviewed] if she had ever touched any of her employees. She said “No.” She did not look at me or her manager directly when she said no, and she moved around in her chair. I then asked why she was fidgeting and not looking at us. She would not reply.
Make sure that your notes are legible and provide enough information to understand what occurred or what was said. Proper punctuation and complete sentences are not necessary. Also document if information is firsthand knowledge, gossip or hearsay.
If you choose to record the interviews, ensure you are following any employer policy or applicable collective bargaining agreement for audio recordings and always obtain consent from the interviewee on record before continuing to record the interview.