104 C.M.R. 32.06 – Requirements for All Fact-finding Activities

(1) At a minimum, any fact-finding activity relative to a complaint must include the following:
1. (a) interviews with the complainant, the client, if the client is not the complainant, and each individual complained of. All reasonable efforts must be made to interview each of these parties;
2. (b) interviews with witnesses and other individuals, including family members, who may have information related to the complaint and necessary for determination of essential facts. A good faith effort to interview each witness and other individuals who may have such information will satisfy this requirement;
3. (c) review of all incident reports and other records related to the complaint including, but not limited to, the client's medical record, if applicable. Records which are part of a peer review process under M.G.L. c. 111, § 204 are exempt from this review.
(2) To the extent practicable, and without unreasonably delaying the fact-finding process, the complainant should be interviewed before any other interviews take place.
(3) Clients who are to be interviewed shall be permitted to have a designated representative or a Human Rights Officer present.
(4) Employees who are to be interviewed shall, subject to applicable collective bargaining rights, cooperate with the investigation, and shall be permitted to have a designated representative present.
(5) Files of all fact-finding activities conducted pursuant to 104 CMR 32.04 and 32.06 shall be maintained by the Office of Investigations, or Responsible Person who conducted the fact-finding activities.