Investigation Interview Tips: Questions for Subjects and Witnesses

In one of our previous posts, “Complainant Investigation Interview Questions“, we reviewed how to initiate the internal investigation interview process and outlined important questions to ask the complainant. When you conduct your own investigation interviews, you will also need to interview the subject (the one accused of committing the incident) and any witnesses.

The EEOC created a list of questions to ask during the subject and witness interviews. Depending on the type of incident being investigated and the allegations made by the complainant, other questions that contain greater detail and are more case specific will need to be addressed.

Interviewing the Subject:

In most cases, the subject will be interviewed after the complainant has already been questioned. It’s natural for a person who has been accused of misconduct to behave in a defensive manner. When interviewing the subject, you will need to make sure that the investigator assures due process to the subject.

The investigator should be careful not to convey the impression that they are out to get the accused or have predetermined the subject’s guilt.  At the same time, the investigator should make it clear that the company takes the complaint seriously and intends to conduct a thorough, impartial investigation. The subject should also be reminded that the company has a legal obligation to investigate.

This is the perfect time to reiterate any corporate rules, zero tolerance mandates, and to advise that if found to have committed the reported offense, the subject can face discipline up to and including immediate termination.

Mandatory questions to ask the subject, as outlined by the EEOC in this report, consist of the following:

• What is your response to the allegations?
• If the harasser claims that the allegations are false, ask why the complainant might lie.
• Are there any persons who have relevant information?
• Are there any notes, physical evidence, or other documentation regarding the incident(s)?
• Do you know of any other relevant information?

Interviewing Witnesses:

After meeting with the complainant and the subject, the investigator is usually faced with a “he said/she said” situation. The truth often lies somewhere in between, and other witnesses are integral sources of information to balance the facts. Interviewing witnesses is similar to interviewing the complainant and accused. Consider carefully what the purpose of the meeting with each witness is and tailor the interview and the questions asked to that purpose- you will also want to limit the information revealed about the situation to the greatest extent possible.

Mandatory questions to ask witnesses, as outlined by the EEOC in this report, consist of the following:

• What did you see or hear?
• When did this occur?
• Describe the alleged harasser’s behavior toward the complainant and toward others in the workplace.
• What did the complainant tell you? When did they tell you this?
• Do you know of any other relevant information?
• Are there other persons who have relevant information?

i-Sight Investigation Software

i-Sight uses an electronic case file to store all case related information – including interview notes and witness statements.  Investigators can quickly add new contacts to the case file – subjects, complainants and others.  Once the contact exists in the case file the investigators can quickly add notes or attach files - many i-Sight customers will attach witness statements, or audio/video interviews.  As the investigations proceeds all the case related information is  captured and stored for reporting purposes.