"In my experience," Speer says, "Even the most starkly seeming he said/she said situations can offer ample opportunity for corroboration, and it's one of your main duties as a diligent investigator to seek it out." 

Speer is founder and principal of Speer Associates/Workplace Counsel in San Francisco.

Corroboration takes many forms, she notes, and is not limited to the accounts of direct witness-observers to an alleged incident.  For instance, she says, "If a female employee contends that, over a period of time, her manager engaged in offensive behavior towards her in private—outside the presence or earshot of anyone—I would want to know:

• Did the complainant complain to anyone about the behavior in question around the time it supposedly occurred? 
• Did the complainant engage in any contemporaneous, or near-contemporaneous, conversations with anyone (e.g., close co-workers, a supervisor) that offer any insight into whether or not certain events occurred and, if so, precisely what occurred?
• Similarly, did the accused engage in any conversations or make statements during the relevant time period(s) that offer insight into whether or not he engaged in the alleged offensive behavior?  

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• Did anyone notice a change in rapport between the complainant and the accused around the relevant time period(s), signaling possible tensions or problems?
• Do any e-mail communications or other documents between the complainant and accused, or between either of them and others, provide information and insight into alleged events?
• Do any circumstances occurring during the relevant time period(s) (e.g., an extended absence or precipitous drop in performance by the complainant) suggest that the alleged events occurred?
• Does any other information (e.g., past complaints about similar behavior by the accused or, alternatively, a history of exemplary behavior by the accused) provide some support for the complainant's allegations or the accused's version of events?
• Does any information exist indicating any motivation the complainant might have to lie or exaggerate about the matters in question? The accused?
• Does the absence of information on the above fronts suggest anything to you? "

Ultimately, it's important to do everything in your power not to stop an investigation in its tracks when you encounter the "he said/she said" dilemma, says Speer.  When you cannot identify any direct witnesses to alleged incidents, don’t give up. 

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Instead, focus on the "ripple effect," that is, on the events or circumstances that you would expect to see if the alleged incidents occurred (or, alternatively, did not occur). Doing so will bring you closer to a comfortable determination of whether sufficient evidence exists to support the complainant's, or the accused's version of events.

In tomorrow's Advisor, we'll get Speer's take on interviewing witnesses, and we'll take a look at a unique HR policy program that will help you avoid “he said/she said” situations and many other day-to-day problems.

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