Interviewing Other Witnesses

The last round of initial interviews should include anyone the complainant or alleged harasser asked you to interview. You may also make your own decisions about whom else to interview. This may include:

• Those who observed the incident(s)
• Anyone with relevant information

During these interviews, remember: You know why this interview is taking place, but the interviewee does not. In fact, he or she may think that they are being investigated for harassment! They may also be unaware of their protection from retaliation, the importance of them being candid, and your unbiased stance during the investigation.

For these reasons, consider preparing an opening statement that puts them at ease and answers some questions they most certainly have. Consider including the following:

• Why they have been called in for questioning
• Answers to any questions they may have regarding the investigation
• That you appreciate their time
• Their importance in this investigation
• Their retaliation rights
• The seriousness of this matter
• Your commitment to confidentiality (but inability to promise it fully)
• Your company's zero-tolerance policy on sexual harassment
• Your company's responsibility to investigate the complaint that was made
• That no conclusion will be reached until all interviews have been conducted
• The details of the complaint that are necessary, but not all details
• Their responsibility to cooperate and not interfere with the investigation

After reading this prepared statement, ask the questions you have prepared. As with the other interviews, ask for details in chronological order, and do not move on until the question is answered.

Close using the same methods previously described:

• Ask if there is anything he or she would like to add.
• Ask if there is anyone who should be interviewed that can corroborate anything shared during this interview.
• Inform the witness not to do anything to interfere with the investigation.
• Let them know you may need to meet again as a part of this investigation.
• Review your company's retaliation policy. Make it clear that the complainant has a right to a workplace free of retaliation, as does anyone else involved in the investigation.
• Immediately after the meeting, write up your own notes and observations.

To learn more about Sexual Harassment Prevention Training For Supervisors visit our Cal/OSHA Sexual Harassment Prevention Training For Supervisors Online Training web page.