No one should be appointed to investigate a complaint who may encounter the possibility of a conflict of interest. In no case should the person accused of harassment, retaliation, or failure to address a previously reported concern be assigned to investigate a complaint. If possible, designate an official who has not had any prior involvement in investigating or resolving the matter. Provide sufficient training to personnel who will investigate complaints. Training should cover instruction in appropriate investigative techniques and procedures, the harm caused to students as a result of harassment, the legal standards applicable to harassment determinations, the amount of proof required, treatment of hearsay evidence, and the sanctions and remedies available.
Training can also promote sensitivity to issues of culture, language, gender, and disability.
The individual assigned should be careful not to become an advocate for any party. Persons assigned to investigate or coordinate complaints should be given enough time to handle them thoroughly and may need access to legal counsel. Investigation of harassment complaints should be thorough and include the opportunity for the parties to present witnesses and other evidence. A written investigative guide may be helpful. Useful topics include planning the investigation, interview techniques and safeguards, making credibility determinations where different versions of the events are given, locating witnesses, keeping appropriate records, and timeliness considerations.