WIC Investigation Planning & Strategy 5 — Questions and Answers
Question 1: An investigator plans to review the respondent's company email account. What should be confirmed first?
- That the email review is done after the investigation ends
- That company policy and applicable law permit monitoring of company systems and that the search is limited to relevant material (Correct answer)
- That the complainant has approved the search
- That the respondent consents in writing, which is always legally required
Correct answer: That company policy and applicable law permit monitoring of company systems and that the search is limited to relevant material
Reviews of electronic communications should be authorized by policy and law and narrowly focused on relevant evidence to respect privacy.
Question 2: A complainant asks that the investigation be kept completely confidential and that the respondent not be told. How should the investigator respond in planning?
- Agree not to interview the respondent
- Promise absolute confidentiality
- Explain that information will be shared only on a need-to-know basis but the respondent must be told the allegations to respond fairly (Correct answer)
- Close the case because the complainant's request can't be honored
Correct answer: Explain that information will be shared only on a need-to-know basis but the respondent must be told the allegations to respond fairly
Investigators shouldn't promise absolute confidentiality, because a fair process requires giving the respondent notice of the allegations and a chance to respond.
Question 3: What does a 'preponderance of the evidence' standard mean when planning how findings will be reached?
- The allegation requires a written admission
- The allegation must be proven beyond a reasonable doubt
- The allegation requires at least two eyewitnesses
- The allegation is substantiated if it is more likely than not that it occurred (Correct answer)
Correct answer: The allegation is substantiated if it is more likely than not that it occurred
Most workplace investigations use preponderance of the evidence, meaning more likely than not (just over 50%).
Question 4: An allegation involves conduct that may also be a crime, such as physical assault. What is the best planning step?
- Consult counsel about coordinating with law enforcement while still taking the steps needed to protect employees and meet employer obligations (Correct answer)
- Stop all internal action and wait for police indefinitely
- Make the respondent take a polygraph test
- Tell the complainant they must file a police report before HR acts
Correct answer: Consult counsel about coordinating with law enforcement while still taking the steps needed to protect employees and meet employer obligations
Possible criminal conduct calls for legal consultation and coordination, but the employer still has independent duties to investigate and protect its workforce.
Question 5: Why should the investigator plan to keep an investigation log or chronology throughout the process?
- It replaces the need for a final report
- It documents the steps taken and when, showing the process was prompt, thorough, and fair (Correct answer)
- It is required by OSHA for all investigations
- It lets the investigator record personal opinions of the parties
Correct answer: It documents the steps taken and when, showing the process was prompt, thorough, and fair
A contemporaneous log of investigative steps supports defensibility by showing what was done and when.
Question 6: Several employees independently complain about the same manager's bullying behavior. Which planning approach is most efficient and fair?
- Combine all complainants into a group interview
- Investigate each complaint at random times by different investigators with no coordination
- Consider a coordinated investigation that addresses all related allegations while keeping each allegation's findings distinct (Correct answer)
- Dismiss the complaints because bullying isn't illegal
Correct answer: Consider a coordinated investigation that addresses all related allegations while keeping each allegation's findings distinct
Related complaints can be investigated together for consistency and efficiency, with each allegation still analyzed on its own evidence.
Question 7: Which situation most clearly calls for re-evaluating the investigation plan?
- The investigator finishes an interview early
- A witness gives a short interview
- The complainant asks for a status update
- New evidence reveals additional potential respondents or a broader pattern of misconduct (Correct answer)
Correct answer: New evidence reveals additional potential respondents or a broader pattern of misconduct
Investigation plans are living documents that should be revisited when significant new facts change the scope or direction.
WIC Investigation Planning & Strategy 5
An investigator plans to review the respondent's company email account.
What should be confirmed first?