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Guide to World governors (Asif Qureshi et al.)
Government of the World
Investigator
Workplace Investigations

Workplace Investigations

Questions for the Complaining Employee(s)

Questions for the Accused Employee Investigation: Questions for Accuser

Sample Questions and Format for the Investigation of Allegations of

Harassment, Violence and Discrimination

Event

How Does the Need for an Investigation Arise? 1.attitude problems 2.substance abuse 3.discrimination complaints 4.harassment complaints 5.threats against others 6.vandalism and other sabotage 7.violations of work rules 8.safety problems 9.Mishandling Resources

Workplace Investigations

Whether it is a Grievance or Disciplinary Workplace Investigation, every case differs. No two cases are the same. We recommend you concentrate on open questions; who, what, why, where and when. In your own words, what happened? Where and when did this take place? What did you personally witness? Who else was present? What was your response or what actions have you taken since the incident? What can you tell me? What is/was your role in matters? What happened exactly? When did this all start? How long has this been going on? What did you personally observe? What have you been told and by whom? Who was present? What was your response? What action did you take? What action have you taken since?

Questions for the Complaining Employee(s)

For each allegation that the complaining employee raises, the investigator should ask him or her: What occurred? When (include the date, appropriate time period involved)? Where did it happen? How did it happen? Who did or said what? In what order? Was anything else said or done? If there was physical contact, describe the contact in detail. Demonstrate the physical contact. How did you respond? Have you ever reported this incident before? If so, to whom? When? Response? Did you discuss the incident(s) with anyone? If so, who? Where? When? What was said? Are you aware of any other incident(s) involving this person? If so, who? What? Where? When? Do you know why it happened? What is your relationship with the respondent? Why are you coming forward now? Are there any notes, documents or other evidence to support your claims? Did the respondent give you anything in writing, or any gifts or other items? Were there any witnesses? Who was nearby? Within earshot? Who else may have relevant information? Was your work affected? How? How did the situation make you feel? What outcome would you like to see from this process? What to Tell the Accused Employee We are investigating a complaint of alleged inappropriate conduct involving you. (Inform the respondent of each allegation in sufficient detail to enable a full response.) The purpose of the interview is to obtain a thorough and accurate understanding of what has occurred, and to identify all evidence and witnesses who may have knowledge of the incident. Keep the matter confidential to protect the integrity of the investigation. It is against the law and internal policy to retaliate against anyone who has filed a complaint or participates in the investigation of the complaint. Notify management or HR immediately if you believe retaliation has occurred or is occurring. Questions for the Accused Employee What occurred? If denied, what motive would anyone have to make these allegations up? Where were you at the time alleged incidents occurred? Who witnessed your presence? When did it happen? Where did it happen? How did it happen? Who did or said what? In what order? How did the complainant(s) respond? Are you aware of any other incidents involving the complainant(s)? If so, who? What? Where? When? Are you aware of any other complaints by the complainant(s)? Do you know why it happened? Are there any notes, documents, or other evidence to support your version of the facts? Who else may know relevant information? Did you discuss the incident(s) with anyone prior to this interview? If so, who? Investigation: Questions for Accuser Meeting with: _____________________________ Date: _______________________ Investigator(s):_________________________________________________________ Introduction: •Thank the employee for his/her time & cooperation •Address the nature of what is being investigated •Explain that the matter under investigation is serious and the ______ has a commitment/obligation to investigate the claim •Explain that no conclusion will be made until all of the facts have been gathered and analyzed •State that any attempt to influence the outcome of the investigation by retaliating against anyone who participates, providing false information or failing to be forthcoming can be the basis for corrective action up to and including termination Questions: 1.Who committed the alleged inappropriate behavior? 2.What exactly happened? 3.When did the incident occur or is it ongoing? 4.Where did the incident occur? 5.How did you react? 6.Did you ever indicate that you were offended or somehow displeased by the act or offensive treatment? 7.Who else may have seen or heard the incident? 8.Have you discussed the incident with anyone? 9.Did the person who harassed you harass anyone else? If so, who? 10. Do you know whether anyone complained about harassment by that person? If yes, who? 11. How has the behavior affected you and your job? 12. Did you seek any medical treatment or counseling as a result of the incident? 13. Are there any notes, physical evidence, or other documentation regarding the incident(s)? 14. Is there anyone else who may have relevant information? 15. Do you have any other relevant information? 16. What action do you want the _______ to take? 17. When did you first learn of the ______’s Anti-Harassment and EEO Policy? (If not provide a written copy of the policy and note below Sample Questions and Format for the Investigation of Allegations of Harassment, Violence and Discrimination 1. Your name and position? _____________________________________________________________ _________________________________________________________ 2. How long have you worked for state government and who is your immediate supervisor? _____________________________________________________________ _________________________________________________________ 3. Are you aware of and been provided copies of your agency’s policies concerning (nature of complaint)? _____________________________________________________________ _________________________________________________________ 4. Have you attended training on these issues? When? Is that training documented? _____________________________________________________________ _________________________________________________________ 5. What happened? _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ ___________________________________________________ 6. When did it happen? _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _________________________________________________ 7. Where did it happen? _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ ___________________________________________________ 8. Has it ever happened before? _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ ___________________________________________________ 9. Has it happened to anyone else? _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ ___________________________________________________ 10. Who was present when it happened? _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ ___________________________________________________ 11. Have you talked with anyone about the incident(s)? _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ ___________________________________________________ 12. How did the behavior make you feel? _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ ___________________________________________________ 13. Was it conveyed to the alleged harasser that the behavior was unwelcome? _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ ___________________________________________________ 14. Is there any other information (documents, memos, e-mails, etc.) you may have that would substantiate the allegations(s)? ________________________________________________ Read closing statement thanking participant for his or her answering the questions; remind participant that retaliation against a complainant or investigation participant is prohibited; encourage participant to report any additional information they become aware of to the investigators and to provide a written statement if they would like to. Event Exactly what occurred? When did it happen? Where did it happen? Who was present? Who else may know relevant information? How did it happen? Who did or said what? In what order? Why did it happen? Could it have been avoided? Are there notes, documents, phone messages, or other evidence? Ask the witness to list all individuals who have knowledge of any of the events. Ask yourself: What knowledge does the witness have? What is the source of the witness’ knowledge? (hearsay, rumor mill, eye witness, other direct knowledge)