Trauma Informed Workplace Investigations

Trauma Informed Workplace Investigations – A guide for workplace investigators.

Please note that all investigations conducted by AWPTI use this Trauma Informed Workplace Investigations model.

Being subjected to bullying, harassment discrimination or sexual harassment in the workplace can be a traumatic event. Reporting the incident or behaviour and recounting events to a manager or HR can add to the trauma.

Participating in an investigation can further traumatise the victim.

While the job of the workplace investigator is to gather evidence, come to a finding and make recommendations, it is also paramount that the investigator does not make matters worse.

Everyone responds in different ways to the trauma of being subjected to bullying, harassment discrimination or sexual harassment, as an investigator you won’t know how this is affecting the individual so therefore vital that an investigator understands what trauma is, as well as its effects.

Trauma is an emotional response to an incident that a person may find to be physically or emotionally disturbing or harmful. It can be triggered by single or repeated incidents or even through a close connection with someone who experiences a traumatic event, this is referred to as secondary trauma.

Trauma can impact a victims ability to recall information. Memories may be inaccurate, disjointed and the person may be able to explain the absence information.

Trauma Informed Workplace Investigations – Conducting the investigation

The part of the investigation that directly effects the complainant (victim) and can add to the trauma is the interview. Victims rarely get an insight into the complaint analysis, investigation and interview planning stages however it is vitally important that these stages are carefully and professional carried out.

Trauma Informed Workplace Investigations – The interview

I recommended using the PEACE model of interviewing. (I will write about this in a follow up article) but basically it assumes that a relaxed subject, with whom the interviewer has rapport, is more likely to feel at ease to tell their story. Not to mention that it’s far pleasant for both parties if the atmosphere isn’t charged with aggression and intimidation.

PEACE is a non-accusatory, information gathering approach to investigative interviewing, the PEACE model is considered to be best practice and is suitable for any type of interviewee, complainant and witness or respondent.

PEACE MODEL

PLAN – Plan your interview based on your careful complaint analysis. A flawed complaint analysis will lead to flawed interview planning and poor interview.

When planning your interview, as in the questions you are going to ask remember the following;

• Your start point is the complaint, take the complaint on face value at this stage of the investigation
• Never make any judgement on the complaint or never form an option until you have gathered all the evidence
• Never assume that you know what the victim is saying, draft your questions in a neural non-confrontational manner
• Ask for clarity when needed in a manner that does not suggest that you do not believe the victim
• Never place you own values of what is contained in the complaint

ENGAGE

When you meet the victim create an atmosphere that puts them at ease.

This includes;

• Considering when is the interview will take place and when, be flexible, I have interviewed people at all times of the day and night
• Ensure a private and comfortable space for the interview
• Considering the way in which the interview room is set up, I cover this in depth in my investigation courses
• Introduce yourself and explain the purpose of the interview and the process
• Ensure you answer any questions the victim may have before the interview starts
• Make sure that they are aware that they can have a support person if the attend the interview without one
• Tell them that they can have a break at any time
• Explain that the interview can be stopped if they want to confer with their support person

Do what you can to put the victim at ease, explain, one thing that I always say at the start of an interview is “This is your interview, you can tell me as much or a little as you want, I will guide you but this is your interview you are in control”

ACCOUNT PHASE

Key points

• Take your time
• A good way to start is by saying “Tell me what you remember.” This allows the interviewee more control over how the narrative unfolds and minimises contaminating memories.
• Listen
• Don’t interrupt
• Never say anything like “I just want to stop you there” when they are in mid explanation, that suggests that you are not interested in what they are saying or your questions are more importance than what they are saying, this will undermine their confidence in you, in the interview and in the process.
• Never make the victim feel that you do not believe them
• Do not ask judgmental questions
• During the victim interview you must have an open mind, accept what they say, the time for gathering further evidence and analysis is later not during the interview.
• If you are going to ask a difficult question that could be triggering put the interviewee at ease by giving advance notice for example “I am now going to ask you…… please take you time, there’s no rush”
• Take notes or record the interview
• Take regular breaks

Remember the interview is going to be stressful, that cannot be helped, be patient, victims of trauma will forget things and get things out of order, they may take longer to answer try to and they may be highly emotional

• Be structured around key topics or themes
• Start with broad open questions to assist with free recall
• Narrow down to specific details of the event or incident
• Obtain specifics and examples where you can
• Obtain names of witnesses
• Identify sources of supporting evidence
• Check and confirm the information throughout the interview

When addressing contradictions or mistakes I suggest using the following

 “I’m sorry I may have misunderstood you, can you explain that to me again or can you help me to understand”

That way you are placing the emphasis on you and not making the victim feel that they have made a mistake

CLOSURE

Explain the next steps, answer any further questions the victim may have and thank them for attending the interview.

Make sure the victim knows that they can contact you if they remember anything else of want to provide and further information.

EVALUATION

This is procedural and does not direct involve the victim

NOTE

The same process can be used when interviewing witnesses and people subject of complaints, it is important to remember that being the subject of a complaint is also stressful.

IMPORTANT TO REMMEBER

You are the investigator not a therapist or counsellor, stay in your lane, if you think that the interviewee needs help in that area suggest to them that they contact their employers Employee Assistance Program and advise the employer of your feeling.

If I can assist you please do not hesitate to contact me – enquiries@awpti.com.au