APPENDIX V - Model Witness 15-Day Letter.pdf
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- Solicitation number
- 1331L525R13OS0001
About this file
This document is a template letter (Appendix V) used when requesting witness declarations, interrogatories, or document requests during Equal Employment Opportunity (EEO) investigations for the Department of Commerce. The template outlines the process for obtaining sworn or affirmed statements from agency witnesses or officials as part of discrimination complaint investigations.
The letter requires witnesses to respond within 15 calendar days of receipt and details potential consequences for non-compliance under EEOC regulations (29 C.F.R. §1614.108). These consequences include adverse inferences being drawn, matters being established in favor of the complainant, exclusion of agency evidence, and possible decisions favoring the complainant. The template includes instructions for delivery confirmation through various secure methods (UPS, FedEx, USPS Express Mail, Certified Mail, or encrypted/password protected delivery) and requires a Certificate of Service documenting the transmission of materials.
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Text version
Appendix V.
[CONTRACTOR LETTERHEAD]
[MODEL ONLY – WRITE TO MATCH ACTUAL CIRCUMSTANCES]
NOTE: Provide with every Draft Declaration, Interrogatories and Document Request.
[DATE]
<Witness/Agency Official> <Witness/Agency Official add
Ref: <Complainant's name> Complaint Number:
Filing Date:
Dear <Witness/Agency official>:
I am providing you with <a draft declaration/interrogatories> for your review, and signature. Your sworn or affirmed statement is an integral part of the Report of Investigation being compiled in response to the above referenced complaint of discrimination.
You must submit your response or executed declaration within 15 calendar days of receipt of this letter or show good cause why you are unable to respond fully and in a timely fashion.
The Department of Commerce will continue to investigate this complaint, even if you fail to respond. However, in accordance with the regulations of the Equal Employment Opportunity Commission (EEOC) at Title 29 Code of Federal Regulations (C.F.R.) section (§)1614.108, I may note in the investigative record that the decision maker (or EEOC upon appeal) should:
• Draw an adverse inference that your testimony would have reflected adversely on you and/or the Agency;
• Consider the matters on which you would have testified to be established in favor of the
Complainant;
• Exclude other evidence offered by you and/or the Agency;
• Claim a decision fully or partially in favor of the Complainant;
• Take other such actions as it deems appropriate.
Your draft declaration/interrogatories / documents requested should be sent to:
<Investigator> <Address>
Timeliness will be determined by the postmark, or in the absence of a postmark, by the date of receipt.
Sincerely, <Investigator>
Certificate of Service
I attest that a copy of this ___________ has been sent to the parties listed below:
By: < United Parcel Service (UPS), Federal Express, USPS Express Mail, Certified Mail, encrypted or password protect with proof of receipt>
<Witness/Agnecy Officials Name> <Witness/Agency Address>
Signature of Investigator
Date
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