conducting campus investigations

Curiale Dellaverson Hirschfeld Kelly & Kraemer, LLP

Conducting CampusInvestigations


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



LIST THE FACTS that relate to each issue.

LEAVE ROOM underneath each fact to work in the individual’s answers.



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?”

Ask:“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



DON’T BE AFRAID TO BE WRONG!



Timeliness Pattern & Practice Motivation Truthfulness

Wrap- Up And Conclusion


conducting campus investigations

Documents