1. Conducting
Campus
Investigations

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

3. Initial Meeting

4. 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

5. Confidence In You As Investigator

6. “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.”

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

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

9. 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

10. Planning the Investigation

11. 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?

12. Carrying Out An Effective Investigation

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

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

15. Meeting With The Accused

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

17. 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.

18. 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.

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

20. 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?”

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

22. Interviewing Witnesses

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

24. Assessing Credibility

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

26. Reaching A Conclusion

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

28. Reaching A Conclusion Timeliness Pattern & Practice Motivation
Truthfulness

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