This document outlines steps for interviewing an accused person during an internal investigation. It instructs the investigator to promptly contact and meet with the accused, advise them of the purpose and confidentiality of the investigation. It describes determining if allegations are founded, unfounded, or inconclusive. The investigator should obtain details from the accused about the reported incident(s) through open-ended questioning. They should also determine the accused and complainant's relationship and perceptions. The accused should be warned against retaliation and updated on the investigation progress.

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Interviewing the Accused
Here are the steps to follow when you are interviewing the Accused:
1. Contact the Accused and set a time to meet with him or her. Do it promptly.
2. Advise the Accused that this is an initial inquiry and that the purpose is to gather the
facts. Emphasize that you take both the allegations and the implications seriously, and
that your role as the investigators is to remain fair and objective.
3. Advise the Accused of the need for confidentiality and its limitations — THE COMPANY -
initiated investigation will be handled on a need-to-know basis; however, if information
is learned that personnel action or legal action is required, there is a potential that
disclosure of this information may occur in the process.
4. Inform the Accused that based on the investigation, THE COMPANY investigator(s) will
determine whether the allegation(s) were founded, unfounded or inconclusive. This
determination will be documented in writing and made part of the investigative report.
The determinations are as follows:
A. Violation found. Where a violation of THE COMPANY policies, workplace rules or
law is found to have occurred, the accused should be notified of the finding and
of the specific or corrective actions to be taken. The accused employee’s
supervisor will also be notified if appropriate. No details about the nature or
extent of disciplinary or corrective actions will be disclosed to the complainant(s)
or witness(es) unless there is a compelling reason to do so (e.g., personal safety).
B. No violation found. In this situation, the complainant and the accused should be
notified that THE COMPANY investigated the allegation(s) and found that the
evidence did not support the claim.
C. Inconclusive investigation. In some cases, the evidence may not conclusively
indicate whether the allegation(s) was founded or unfounded. If such a situation
occurs, the notification to the complainant and the accused should state that
THE COMPANY completed a thorough investigation but has been unable to
establish the truth or falsity of the allegation(s). THE COMPANY will take
appropriate steps to ensure that the persons involved understand the
requirements of THE COMPANY’s policies and applicable law, and that THE
COMPANY will monitor the situation to ensure compliance in the future.
5. Ask the Accused to explain the incident (or incidents). Obtain as many details as
possible. Request a written statement.
A. Ask the Accused, “Do you know of the incidents the Complainant is reporting?”
Respond as follows, based on the Accused’s “response” or “answer”.
B. If he or she admits to the incident, determine:
C. When and where the incident occurred.
D. Specific details about the incident.
E. Whether there were observers or whether the Accused spoke to anyone else
about the incident.
F. How the Complainant reacted to his or her comments or actions.

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G. Based on the answers provided, address new concerns and ask any necessary
additional questions, such as who, what, when, where, why, and how, and:
H. Are there other people I should talk to?
I. Were there other incidents that need to be discussed?
J. Ask the Accused to tell you in his or her own words how the Complainant
reacted to his or her comments or actions.
6. If he or she does not admit to the incident, determine:
A. The Accused’s perception of his or her working relationship with the
Complainant.
B. The Accused’s perception of the reported incident.
C. Whether the Accused and Complainant socialize outside the workplace.
D. The Accused’s perception of why the Complainant made the allegation.
E. Whether the Accused has recently taken any action relative to the Complainant
that the Complainant found objectionable. Determine whether the Complainant
suffered any adverse employment action or tangible job detriment.
Advise the Accuser that you will follow up with them and that they should also follow up with
you in regards:
 The progress of the investigation.
 Advise the Accused that retaliation against the Complainant or anyone
providing evidence is illegal and will not be tolerated. Advise him or her
of the need to avoid or limit interactions with the Complainant until the
inquiry is completed.
 Note: Confidentiality is important to prevent libel, slander, or invasion of
privacy claims.
Thank the Accuser for responding and invite him or her to come back if he or she has more facts
to add.
Notes to investigator:
 Request a written statement either before or after you act. However, do not insist on a
written statement if the Accused refuses to document the incident. If the Accused
feels uncomfortable or unable to document ask them to review and sign your notes.
 Ask the Accused open-ended questions in an open-ended manner to allow for
elaboration based on the Discrimination & Harassment Complaint Form received.
 Repeat answers for clarification without changing what the Accused says.
 Send your written report to the Human Resources Manager.
 Keep the Accused informed by establishing a time when you will get back to him or her.
Keep the scheduled time, or make contact with him or her to reschedule if more time is
needed.