It can be a refreshing treat when an investigator gets to jump into an investigation where some evidence has already been gathered, and they have at least some idea what the parties are going to say.  The ultimate fruit of the investigation, the findings, are almost always much easier to reach quickly when there are prior statements to rely upon. 

The many iterations of Title IX regulations in recent decades have resulted in a difficult compliance landscape for schools to navigate. Most recently, the 2020 Title IX regulations mandated hearings for qualifying conduct, and included specific requirements educational institutions must adhere to when conducting those hearings.

Education leaders can rest a little easier this summer – the Title IX federal regulations slated for a May 2023 release have been delayed until October 2023, per a federal Department of Education (DOE) announcement. Why the delay? An unprecedent 240,000+ comments were submitted regarding the proposed regulations, and the DOE must respond to every last one of them.

Workplace investigations are increasingly in the public eye.  Consider the Phoenix Suns, where an investigation sustained claims of race- and gender-based misconduct against the former owner, Robert Sarver, resulting in a one-year suspension and $10 million fine. Or Uber, which fired 20 employees after an investigator interviewed 200 people about workplace culture.

Investigators, particularly those who perform investigations in the public sector, often conduct interviews where a witness or respondent will have a union representative present. Some investigators are intimidated or put off by the presence of a union representative because they presume the representative will be obstructive, disruptive, or adversarial. While that is sometimes the case, more often than not, the presence of a representative can aid in the gathering of relevant evidence.

Sometimes the lines between our personal social media and our workplace becomes blurred. Statements we make on social media can sometimes impact the workplace. Many employers have social media policies to regulate not only speech on the job, but also off-duty speech. Public employers have to avoid infringing on their employees’ First Amendment rights.

As investigators, we often find ourselves responding to tumultuous situations, but we are not the only ones. Most of the time, a complaint is filed before an investigation begins. Sometimes complaints are filed in writing, but many times a complaint is first raised verbally, to a trusted individual, such as a supervisor, a human resources staff member, a teacher, a principal or other administrative staff. How the complaint is addressed in that moment can affect the entire complaint resolution process.

I recently came across the following anonymous quote “Learning from your mistakes makes you smart. Learning from the mistakes of others makes you wise.” So true. Nowadays, employers’ mistakes sometimes end up on the proverbial “front page” for all to see. While embarrassing and often damaging to the organization, we have the opportunity to learn from these public missteps. One recent example is the NBA’s investigation of Phoenix Suns owner, Robert Saver.

It should come as no surprise that different employers have different investigative needs.  Thus, good investigators should be prepared to provide some flexibility in the form of the final written work product they provide.  Sometimes an employer needs a highly-detailed, comprehensive investigative report.  Other times, an executive summary is preferable.  In other cases, the client may desire separate reports. 

Witness interviews are often the cornerstone to successful workplace investigations. In order for an interview to be effective, it is important that the witness feel comfortable being forthright with the investigator. So, how do you respond as an investigator when a witness asks if “Can you keep my information confidential”?

As anticipated, on June 23, 2022, the 50th anniversary of Title IX’s enactment into law, the Biden Administration’s Department of Education released a Notice of Proposed Rule Making (NPRM) in an effort to modify existing Title IX regulations.

Balance is key. We often hear that concept applied to many things in life, so it should come as no surprise it also applies to workplace investigations. Most pertinently, investigators need to manage FOMO – “Fear Of Missing Out.” While it might not seem obvious that FOMO exists in investigations, I am here to tell you it does.

Title IX is a federal law, enacted 50 years ago, which prohibits sex discrimination in federally funded educational programs and activities for schools and universities throughout the Country. This article outlines some of the new, as well as the existing, terms, which apply to Title IX investigations and hearings in California

Although the issues of sex discrimination and discrimination based on sexual orientation and gender identity may seem separate, their histories and impact on the law are linked. This article will examine—in two parts—the history of Title IX with respect to LGBTQ+ rights as well as the impact both have on our workplaces and campuses today.

We all want to feel included, respected, and safe at work. It translates to a positive and productive work environment for everyone. In recognition of Pride Month, we highlight 8 important opportunities for an inclusive workplace for those who identify in the LGBTQ+ community

Although the issues of sex discrimination and discrimination based on sexual orientation and gender identity may seem separate, their histories and impact on the law are linked. This article will examine—in two parts—the history of Title IX with respect to LGBTQ+ rights as well as the impact both have on our workplaces and campuses today.

Prior to the enactment of Title IX of the Education Amendments of 1972, there was a significant disparity between men and women in education throughout the United States. Laws in the early 1900s mandating children attend school from kindergarten through 12th grade ensured girls’ presence in K-12 schools. However, classes and extracurricular offerings were not equal for boys and girls.

Investigators and witnesses are often at odds when it comes to lengthy or multiple interviews. Interviews can be stressful and interviewees generally desire them to be over sooner rather than later - without offense to the investigator. Investigators, on the other hand, must be diligent in completing their interviews and ensure they gather the necessary material information to complete a thorough investigation regardless of the time it takes.

This month, we are delighted to put the VM Spotlight on one of our Partners, Erich Knorr. Erich has been with the Firm for 6 years and during that time he has grown his skillset and knowledge of investigations while being a valued mentor of Team VM.

In the investigative world, we often run into situations where two people interpret the same events in wildly different ways. As human beings, our memories can be subjective, and we are constantly interpreting events through the lens of our own backgrounds and experiences.