Curiale Dellaverson Hirschfeld Kelly & Kraemer, LLP Conducting Campus Investigations.
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Transcript of Curiale Dellaverson Hirschfeld Kelly & Kraemer, LLP Conducting Campus Investigations.
Curiale Dellaverson Hirschfeld Kelly & Kraemer, LLP
Standards Of Proof
Beyond a reasonable doubt Clear and convincing evidence Preponderance of the evidence Good faith investigation /
Reasonable conclusion
Curiale Dellaverson Hirschfeld Kelly & Kraemer, LLP
Initial Meeting - Purpose / Objective Identifying all issues Gathering all material facts Determining if formal or
informal investigation is needed
Instilling confidence in the system and you
Curiale Dellaverson Hirschfeld Kelly & Kraemer, LLP
“To tell you the truth, I don’t feel that you are the right person to handle this issue. Only an African American can understand the kind of discrimination minorities at this College face every day of the week.”
Curiale Dellaverson Hirschfeld Kelly & Kraemer, LLP
The Initial Meeting
Who?
What?
When?
Where?
Why?
Curiale Dellaverson Hirschfeld Kelly & Kraemer, LLP
Issue Confirmation Memo -Key Points
Identify issues (confirmation)
Identify facts provided by employee to support issue
Confirm these are all issues raised
Curiale Dellaverson Hirschfeld Kelly & Kraemer, LLP
Issue Confirmation Memo -Key Points (continued)
Identify name of person investigating issue and confirm his/her impartiality and fairness
Identify roadmap for investigation
Outline the College’s expectations for the employee raising the issue
Curiale Dellaverson Hirschfeld Kelly & Kraemer, LLP
Planning the Investigation -Important Considerations
What facts / documents can you unilaterally gather?
Who should conduct the investigation? Who should be interviewed? How should the interviews
be conducted?
Curiale Dellaverson Hirschfeld Kelly & Kraemer, LLP
Preparing For And Conducting An Effective Investigation Contracting for expectations
Showing sensitivity toward interviewee
Putting interviewee at ease
Curiale Dellaverson Hirschfeld Kelly & Kraemer, LLP
Preparing For And Conducting An Effective Investigation Stressing that no conclusions
have been reached
Minimizing risk of retaliation
Protecting the investigation’s integrity
Curiale Dellaverson Hirschfeld Kelly & Kraemer, LLP
Meeting With The Accused: Outlining Your Approach
OUTLINE YOUR ISSUES -- carefully analyze all issues raised
Curiale Dellaverson Hirschfeld Kelly & Kraemer, LLP
Meeting With The Accused: Outlining Your Approach
LIST THE FACTS that relate to each issue.
LEAVE ROOM underneath each fact to work in the individual’s answers.
Curiale Dellaverson Hirschfeld Kelly & Kraemer, LLP
Meeting With The Accused: Outlining Your Approach
NOTETAKING IS CRITICAL -- do the best you can to get down key facts during the interview and complete your notes IMMEDIATELY after the interview is completed while the information is still fresh.
Curiale Dellaverson Hirschfeld Kelly & Kraemer, LLP
Asking Effective Questions
Broad to narrow questions
Leading questions
Tough questions
Follow-up questions
Avoid compound questions Committing interviewee to a story /
chronology
Curiale Dellaverson Hirschfeld Kelly & Kraemer, LLP
What If The Accused Denies Wrongdoing? Explore possible ill-motives Ask:
“Do you have any idea why she/he would make this up?”
Ask:“Have you had any conflicts or
problems with her/him?”
Curiale Dellaverson Hirschfeld Kelly & Kraemer, LLP
Concluding Interview
Offer general time frame for investigation
Encourage the supplying of facts
Stress need for confidentiality
Stress no retaliation
Curiale Dellaverson Hirschfeld Kelly & Kraemer, LLP
Interviewing Potential Witnesses - Different Kinds
Reluctant witness
Witness who loves the limelight
Witness with an axe to grind
Curiale Dellaverson Hirschfeld Kelly & Kraemer, LLP
Assessing Credibility
Demeanor
Logic / consistency of
story
Corroborating evidence
Circumstantial evidence
Curiale Dellaverson Hirschfeld Kelly & Kraemer, LLP
Reaching A Conclusion
DON’T BE AFRAID TO BE WRONG!
Curiale Dellaverson Hirschfeld Kelly & Kraemer, LLP
Reaching A Conclusion
Timeliness
Pattern & Practice
Motivation
Truthfulness