I. PRELIMINARY CONSIDERATIONS

A. Use two investigators, if possible.

B. Create a confidential file.

C. Conduct interviews in a private room.

II. GATHERING THE FACTS

A. Review relevant personnel files and company policies.

B. Interview the victim.

1. Take her complaint seriously.

2. Explain the investigation but don't promise complete confidentiality.

3. Find out what happened: GET SPECIFICS.

4. Find out the effect of the harassment on the victim.

5. Find out names of witnesses.

6. Ask the victim what she wants.

7. Assess her credibility.

8. Take a statement, if warranted.

9. Type the notes of the interview.

C. Interview the perpetrator.

1. Explain the purpose of the interview but state that no decision has been made on the truthfulness of the allegations.

2. Identify the victim and the specific basis of the sexual harassment complaint.

3. Ask him to respond to the charges.

4. Find out names of witnesses.

5. Assess his credibility.

6. Take a statement, if warranted.

7. Type the notes of the interview.

D. Interview corroboration witnesses.

1. Try to elicit identity of victim and perpetrator from the witness as opposed to identifying the victim and perpetrator to the witness at the beginning of the interview.

2. Find out what he or she knows: GET SPECIFICS.

3. Distinguish between firsthand and secondhand knowledge.

4. Assess the credibility of the witness.

5. Take a statement, if warranted.

6. Type the notes of the interview.

III. EVALUATING THE FACTS AND MAKING THE DECISION

A. Evaluate the facts from a reasonable woman's perspective.

B. Distinguish between "unwelcome" and "voluntary" sexual conduct.

C. Draft a thorough, even handed report.

1. Make the report chronological.

2. Describe when first learned of the complaint.

3. Provide exact details of the complaint.

4. Note the documents reviewed.

5. Describe the interviews.

6. For all witnesses, distinguish between firsthand knowledge and rumor.

7. State conclusions as to whether sexual harassment occurred and provide specific justification.

8. Recommend corrective action if sexual harassment occurred. The corrective action should:

a. be reasonably calculated to prevent further harassment.

b. not punish the victim.

c. be consistent with the discipline imposed in the past in similar situations.

D. Submit the report to the decision-making official. That official should:

1. not be a rubber stamp.

2. point out deficiencies in the report.

3. ask follow-up questions.

4. conduct interviews him or herself if necessary.

5. document his or her actions.

E. Follow up with the victim and perpetrator after the decision has been made.

Reprinted with permission from EMPLOYEE RELATIONS LAW JOURNAL, V18N2, Autumn 1992. © 1992 by Executive Enterprises, Inc., 22 West 21st Street, New York, NY 10010-6990. All Rights Reserved.