The sample policy lists out what should be included in your investigation report:
- An overview of the allegations;
- Summary of the persons interviewed and any relevant evidence;
- Identification of witnesses only by letter or number to protect confidentiality;
- Summary of the findings of fact based on the evidence gathered;
- A finding of whether the allegations of sexual harassment occurred; and
- Recommendations on any remedy or discipline as appropriate.
The Toolkit provides you with a sample investigation template. This blank template can be used to help you fill out an investigation report. There is also a sample investigation report, which will show you what a completed form will look like.
Balance of Probabilities
All of the findings in an investigation is based on a balance of probabilities. This means that all the evidence that you have collected leads you to understand whether the events were likely to have occurred.
It is expected that throughout your investigation, you may hear conflicting sides of the story. In order to make a determination of fact, you will need to assess credibility. The best way to do this is through face to face meetings, either in-person or virtually.
You will also need to weigh the evidence, and how it supports the versions of events that you are told.
Note: Take note of your impression of the conversation or evidence and note why you have this impression. This may help you when it comes time to review the evidence.
Sharing the report
Before sharing the report with the Complainant and Respondent, you may want to share the report with the relevant managers or supervisors before being shared with the parties. This will allow the team to gain clear understanding of the recommendations from the report, and provide time for the team to develop a plan of how to put these recommendations in place.
IMPORTANT: Be sure to review the report for any confidential information that should not be provided when sharing with the Complainant or the Respondent. Ensure to redact any confidential information in the report. Alternatively, you may wish to provide a summary of the report instead.