Interviewing the accused person in a sexual harassment case is extremely difficult part of being a manager. It takes objectivity and tact to make sure the accused person adequately provides their side of the story.
After you have interviewed the accuser, thoroughly gone over your notes and asked for advice from the Human Resources department and the legal department (if necessary) it's time to interview the accused person. This interview is one of the most difficult things you will ever do as a manager and you need to be prepared both organizationally and emotionally.
In many cases the accused person is shocked when they find out about the claim. The reactions can vary from anger to embarrassment to panic. For this reason it is important to let the person know what the meeting is about ahead of time. This allow them time to compose themselves and you can have a calm interview that will be much more productive.
It's important to have a silent witness in an accused interview. This witness can take notes and will provide you with a third party view on the incidents. This will make sure you have more accurate information from the interview. Start out by telling the accused how serious the company takes Sexual Harassment and about how you expect full disclosure and full cooperation from everyone you interview. Next, tell the accused the incident(s) that you are investigating in a very general manner such as - we are investigating a complaint about inappropriate touching and dirty jokes. In many cases the accused will address the incident directly.
Take thorough notes and probe the accused for as much information as possible. This part of the investigation is only an information gathering process. Be careful not to make assumptions or evaluations at the point. That will come later. This interview is to get the accused side of the story. Make sure you give the accused every opportunity to tell their story. It may take some prodding and probing but it's imperative that you get it.
The accused in most cases will want to know who the accuser is. This is not always obvious. Especially with Hostile Workplace complaints. Before you give this information make sure that you consult with legal counsel on whether it is appropriate.
The accused person interview will not be easy. Remember, to treat the accused with respect and allow them time to compose themselves. Gather information without making assumptions or evaluations. If you follow procedures and get all of the advice you need from Human Resources and Legal counsel the task will go much easier.
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