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11/18/2018 Presented By: Mrs. Cynthia Edwards, Director, Assistance & Investigations Complaint Analysis
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ENABLING LEARNING OBJECTIVES
Know the definition of Complaint Analysis. Understand how to determine if a complaint is IG Appropriate. Understand the difference between Issues and Allegations. Understand how to properly draft an Allegation. Demonstrate the ability to analyze complaints.
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Complaint Analysis Enter EVERY Complaint into CMS – EXCEPT SO and CIG
11/18/2018 Complaint Analysis Enter EVERY Complaint into CMS – EXCEPT SO and CIG READ THE ENTIRE COMPLAINT! Use a Complaint Analysis Worksheet Do a CMS name check for every individual mentioned in the complaint and attachments (Contact Higher/IGMC if warranted) List EVERY complaint and evaluate each one separately Determine if IG Appropriate INTERVIEW THE COMPLAINANT! Develop a proposed COA for EACH issue/allegation Investigations: Concurrence CIG and SJA - Brief CG or C/S
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Complaint Analysis: Complainant Interview
In-Person / Telephonic / “Conversation” Article 31b Rights Advisement? Recorded and Sworn? Anonymous? Command Interaction? Ensure you get all relevant information Dates, Times, Locations, Witnesses Desired Outcome Assess credibility and manage expectations
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Complaint Analysis: IG Appropriate
If it entered the IG World it stays in the IG World When to REQUEST TRANSFER to another CIG or IGMC When to Refer/Redirect the COMPLAINANT When to Refer the COMPLAINT When to send an ACK_END
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Complaint Analysis: Develop a COA
Everything in a Complaint is either an ISSUE or ALLEGATION
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Complaint Analysis: Issue
11/18/2018 Complaint Analysis: Issue Issue - a request for information or assistance to the IG/CIG that does NOT contain a CREDIBLE allegation of FWA or Mismanagement. Analyze information received from Complainant Individual issue Systemic issue Policy debate Request for Assistance Command matters It is possible for an Issue to develop into an Allegation Examples: Individual: Pay Problem – Medical Board Status – Record Correction Systemic: Moldy Barracks in Okinawa Policy Debate: The Social Media Policy is Stupid – Males & Females should train together at Parris Island and San Diego Command Matters: Hazing – Non-support Request for Assistance: I need my records from 1952 –
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Complaint Analysis: Allegation
11/18/2018 Complaint Analysis: Allegation Allegation – A complaint of FWA or MM that, if true, would violate a law, regulation, or policy. Formulate a proper allegation Who? Did or did not do what? In violation of what standard? When? Consult with your SJA/CL when formulating allegations BEFORE proceeding with an investigation NO ALLEGATION = NO INVESTIGATION
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Warm up / Stretches Complainant = Female Civilian “The Marine Capt who lives next door to me is a very bad man who lets his dog poop on my lawn - brushes his dog’s hair in common areas – throws trash outside dumpster – he violates HOA rules” ACK_END CIVIL COURT MATTER
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Warm up / Stretches Complainant = Anonymous “The Squadron CO ignores all sorts of safety protocols and someone is going to end up getting killed” IG ACTION INVESTIGATION
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Complainant = Male Civilian “Sergeant Carter stole my deer skull”
Warm up / Stretches Complainant = Male Civilian “Sergeant Carter stole my deer skull” COMMAND INFO The Sgt was a taxidermist-hobbyist. The Complainant paid him to do 2 deer skulls and only got 2 back. It is valued at $100.00 The Sgt did have his deer skull – claimed he PCS’d and didn’t have the Complainant’s address - and returned it –everyone is happy!
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Warm up / Stretches Complainant = Male GySgt “My SgtMaj is sleeping with my wife and the CO knows it and won’t do anything – AND I HAVE TO BE IN HIS RETIREMENT PARADE FORMATION!” COMMAND ACTION (One level up) Adultery and Command Inaction
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Warm up / Stretches Complainant = Female LCpl “My command is toxic, there is unfair treatment, bullying, ostracism, discrimination and hazing and now they are targeting me because it came to light” Retaliation? Military Whistleblower Reprisal? Command Climate Issues?
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Warm up / Stretches Complainant = Anonymous “The boss, Mr. GS-15, is NEVER at his desk; he favors Ms. GS-12 and she puts all these comp time hours in and he certifies them – but she doesn’t actually work the hours” IG ACTION INVESTIGATE TIME CARD FRAUD x 2 Never at his desk = ISSUE
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Practical Exercise Read the Complaint
11/18/2018 Practical Exercise Read the Complaint Complete a Complaint Analysis Worksheet Identify all of Issue(s) and/or Allegation(s) Develop a COA Transfer – only to another CIG or IGMC Assistance – resolve issues OR send to another entity (PCA!) Refer – to another entity (PCS!) Dismiss Investigate Be Prepared to brief your analysis to the group! Could have both – Issues and Allegations TARDI – Transfer / Assist / Refer / Decline/ Investigate ID IG Actions – to include correspondence (Command Info/Action or IG Info/Action) Each individual will be randomly selected to brief to the group a case, so read everything Reminders: Protect privacy / confidentiality Were there any emergent allegations? What kind of additional docs would you request?
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Practical Exercise Hotline Complaint # 1
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Practical Exercise Hotline Complaint # 2
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Practical Exercise Hotline Complaint # 3
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Practical Exercise Hotline Complaint # 4
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Practical Exercise Hotline Complaint # 5
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11/18/2018 Questions?
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