Conducting Campus Investigations

Standards Of Proof Beyond a reasonable doubt Clear and convincing evidence Preponderance of the evidence Good faith investigation / Reasonable conclusion

Initial Meeting

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

Confidence In You As Investigator

“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.”

The Initial Meeting Who? What? When? Where? Why?

Issue Confirmation Memo - Key Points Identify issues (confirmation) Identify facts provided by employee to support issue Confirm these are all issues raised

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

Planning the Investigation

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?

Carrying Out An Effective Investigation

Preparing For And Conducting An Effective Investigation Contracting for expectations Showing sensitivity toward interviewee Putting interviewee at ease

Preparing For And Conducting An Effective Investigation Stressing that no conclusions have been reached Minimizing risk of retaliation Protecting the investigation’s integrity

Meeting With The Accused

Meeting With The Accused: Outlining Your Approach OUTLINE YOUR ISSUES -- carefully analyze all issues raised

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.

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.

Asking Effective Questions Broad to narrow questions Leading questions Tough questions Follow-up questions Avoid compound questions Committing interviewee to a story / chronology

What If The Accused Denies Wrongdoing? Explore possible ill-motives Ask: “Do you have any idea why she/he would make this up?” “Have you had any conflicts or problems with her/him?”

Concluding Interview Offer general time frame for investigation Encourage the supplying of facts Stress need for confidentiality Stress no retaliation

Interviewing Witnesses

Interviewing Potential Witnesses - Different Kinds Reluctant witness Witness who loves the limelight Witness with an axe to grind

Assessing Credibility

Assessing Credibility Demeanor Logic / consistency of story Corroborating evidence Circumstantial evidence

Reaching A Conclusion

Reaching A Conclusion DON’T BE AFRAID TO BE WRONG!

Reaching A Conclusion Timeliness Pattern & Practice Motivation Truthfulness

Wrap- Up And Conclusion Curiale Dellaverson Hirschfeld Kelly & Kraemer, LLP Wrap- Up And Conclusion