Hoosier Banker 31 unthoughtful discipline on the accused. If any action is taken, an employer should document the reason for the action. The investigators should create a plan for the investigation, including outlining the issues and relevant company policies, listing the witnesses to be interviewed and questions to be asked, and identifying the sources of information and evidence. Physical and electronic evidence, including interview notes and relevant emails, must be preserved. Thus it is imperative that the employer has and implements internal legal hold procedures. Once these steps have occurred, the complainant should be interviewed, then the accused and the witnesses. The complainant should be interviewed again to follow up on information provided by the accused and the witnesses. The investigators should generally ask open-ended questions. Questions that might cause embarrassment should be asked at the end of the interview. Investigators should not offer opinions, suspicions or conclusions to the interviewees. The investigators should take detailed notes during the interviews (recording facts, not opinions) and review the notes with the witness to ensure they are accurate. The witness should then either sign and date those notes, or sign and date a separate witness statement. An investigation report (including a chronology, facts and the basis for any credibility determinations and remedial measures) should be prepared once the interviews are completed. The investigation report should be prompt, objective and thorough. A determination should then be made based upon the investigation report, and the investigation results should be communicated to the complainant and the accused. Employers must also be mindful not to retaliate against employees who make complaints or who participate in investigations. Employers must have and enforce no-retaliation policies. Employers have been hit with significant jury verdicts for retaliation, even in cases in which the complainant was unable to prove that any unlawful harassment occurred. HB CHICAGO INDIANAPOLIS ST. LOUIS MILWAUKEE A full service business law firm with a simple promise -- put you first 201 North Illinois Street, Suite 1400 Capital Center, South Tower Indianapolis, Indiana 46204-4212 T: 317.464.4100 | F: 317.464.4101 | salawus.com Growing in Indiana to meet your company’s legal needs ANDREW PODGORNY | LARRY TOMLIN | STEPHEN STITLE | MARK WENZEL | BRANDT HARDY | PHIL FOWLER ELIZABETH TRAYLOR | MARTHA LEHMAN | DEBRA MASTRIAN | JOHN TANSELLE twitter.com/indianabankers facebook.com/indianabankersassociation linkedin.com/company/indiana-bankers-association facebook.com/IBAfutureleadershipdivision
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