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Initial Concerns in Setting up an Investigation

InvestigatorA good investigation requires many complex skills that include managing the investigation, doing interviews, and making credibility determinations. A credibility determination requires the investigative team to analyze the facts and decide the truth of the matter, sometimes with conflicting evidence. The investigation must be done skillfully and must consider legal issues.

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Part 7: Open Communication and Impartiality in Investigations

This is quite helpful Theresa. I think the biggest issue here, is, wait for it, …communication! Part of me still struggles with wondering if it is possible to investigate a complaint by a party, gather information through an investigation through all parties, and end up by determining that the complaining party is more the problem than anyone else. 

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Part 6: What Reports or Observations Trigger an Investigation

investigationsIn our hypothetical, Tom and Sally reached out and made allegations to the mission leader. It seems fairly obvious this should have triggered an investigation. But we probably want to spend more time thinking about how investigations get started. When should you investigate? A number of situations may call for an investigation. 

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Part 5: It Really is About Confidentiality and Trust in the Investigation

trust and confidenceIn your hypothetical, there is already a lack of mutual trust. Tom and Sally are seen as being perpetual complainers. And your mission leader isn’t consistent. He “usually” investigates and doesn’t have a methodical approach. So what do complainants have the right to know about the progress of an investigation and what is the effect of trust issues with leadership? 

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Part 4: Complaints, Protection, Confidentiality and Trust

trusting leadersI can see where if you deal with complaints in a regular process, and document them, it makes for good protection. Two comments, though, one about confidentiality, and one about trust. In a perfect world, people see leadership as benevolent, compassionate, trustworthy (don’t laugh! I am going somewhere with this!). However, the reality is that we each project our own ... 

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Part 2: How Whistle-blowing is Protected and Why You Want it Anyway

Hi Brent, Back in law school, sometimes the prof would weave the entire semester’s legal principles into one diabolical hypothetical, and the single exam question would be your entire grade for the course. The general answer is that Mission Leader in your hypothetical is in big trouble, and the mission is probably now facing a lawsuit. 

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Part 1: Opening a Can of Worms - Investigations, Whistle-Blowing and Retaliation

Retaliation or whistle-blower lawsuits are the hottest thing in employment litigation, and missions should be aware of this. Good policies are important.  Missions should encourage internal reporting of the violation of these policies, and have a well-defined investigation process. Leaders should also know how to avoid issues with retaliation, including how to deal with troublemakers. Read More→

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