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Investigation for Administrators How to Conduct Internal Policy and Procedure Investigations . Presented by the Mississippi Robert Laird, CFE, CSSD Division of School Safety Mississippi Department of Education.
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Presented by the Mississippi Robert Laird, CFE, CSSD
Division of School Safety
Mississippi Department of Education
Is carried out by a commissioned law enforcement law enforcement officer.
Investigates violation of a federal or state criminal code.
Is targeted to criminal conviction.
Carries constitutional protection for the subject.
Is conducted (hopefully) by a person trained to do so.
Investigates a violation of agency policy, procedures OR state or federal law.
Is targeted to obtain information.
Does not necessarily carry constitutional protection for the subject.
Results my be used in a criminal trial.Definitions
“That which is not mandatory, is prohibited.”
H. R. Tolkien
“That which is not specifically prohibited, is permitted.”
Black’s Law Dictionary
Black’s Law Dictionary
“Ye Shall know the truth and the truth shall make you free”
Inscribed of the entrance to CIAHQ
“Abandon all hope, ye who enter here”
Inscribed over the barracks at Camp Perry
That a violation occurred.
The employee committed an act in violation of the law.
The employee committed an act in violation of policy or procedure.
The employee refrained from performing an act in accordance with job description.
Employee acted with reckless disregard for policy, procedure, or common sense.Employee Misconduct
“Justice is a virgin often sacrificed to the god of equality”
Major Robert O'Neal
Hell hath no fury like a bureaucrat scorned. Milton Friedman
The bigger the real-life problems, the greater the tendency for the education profession to retreat into a reassuring fantasy-land of abstract theory and technical manipulation. Tom Naylor
I favor the Civil Rights Act of 1964 and it must be enforced at gunpoint if necessary. Ronald Reagan , Former U.S. President
Investigation may be likened to the long months of pregnancy, and solving a problem to the day of birth. To investigate a problem is, indeed, to solve it. Mao Tse-Tung
I never give them hell. I just tell the truth and they think it's hell. Harry S. Truman
An accomplished investigator measures his abilities in the quality of his enemies
Robert O. Laird
“A committee is an animal with nine mouths and no brain.”
Place the subject at ease and ID yourself.
State the nature of the investigation and interview.
The subject has no constitutional rights in an administrative investigation.
Wear dark clothing and sunglasses if you want to establish dominance.
Do not advise subject they are subject.
Do not discuss other allegations unless you’re playing mind games.
You are there to get the truth not fulfill an agenda.The Interview
Should be clear and easily understood.
Watch phraseology and language. Not everyone speaks the same language.
Ask precise questions.
Calls for specific answer.
What did you do?
Where were you?
What did you observe?
Use discerning questions.
Should be relevant to the subject.Question Phraseology
Soliciting a “yes” or “no” restricts information.
Not really good as it influences the response. Is a trait of incompetent investigators. Can be used to confirm and clarify information.
Double or triple negatives.
Didn’t you try to calm the student before restraint?
Didn’t you know you had to report a teacher molesting a student?
Cover more than one topic.
Require more than one answer.
Require a complicated answer.
Designed to influence the mood of the subject.Types of Questions
Generally the most efficient.
Is a natural logical progression.
Seek general information before exploring details.
Start with known information and ask questions to fill in the blanks.
More specific estimates of quantities.
To provide objective measurable type information.
Provide a frame of reference.Question Sequences
Primary Human Motivational Factors:
“I did not have sex with
“It depends on how you define sex.”
“If I had killed Nichole; How
I would have done it.”
to target Israel with rockets?”
HAMAS to exist as a terrorist group?”
A. “We have no proof HAMA is a terrorist Group.”
Never interview the subject in their office or classroom.
Make them come to you.
With some subjects a barrier works best.
You may want to put the subject in a covertly uncomfortable chair.
Avoid an overt “Gestapo” environment.
Dominate the interview unless you want to go for a “trap” situation.
Distance communicates intimacy:
0-18”: intimate space reserved for family and friends.
08-24”: Personal space for most interpersonal interaction.
4-12’.: Social/consultative distance.Proxemics
Sitting in a slouched manner. Particularly when combined with crossed arms and looking to the right.
Standing too far away for the situation.
Tightly crossed arms-discomfort/deception
Loosely crossed arms-defiance/possible deception.
Hands on hips is an attempt to establish dominance.Body
Rolling Eyes: Frustration or aggression
Avoidance of eye contact (Careful it may be cultural such as Oriental, Hispanic, Indian
Staring often means an attempt to establish dominance
Wide open eyes will indicate surprise or a sensitive question has been asked.
Lidded eyes indicate deception or confidence.
The blink rate may dramatically increase during deception.
Pupils will dialate during deception.
Looking to the left indicates recalling factual information.
Looking the right indicates the mental construction of something. May be deception.Eyes
Frown: Concentrating or uncomfortable;
Grimace: Doesn’t like what you're saying or you just hit a sensitive point.
Lip Biting: Nervous or feeling pressured.
Rubbing nose/animated gestures
Tight facial muscles or lips-Deception
Hands on hips: Attempt at dominance
Playing with objects (Pen clicking, car keys, et al.)
Pointing: Aggression possible attempt to intimidate.
+Mandates disciplinary action for students engaged in serious or violent acts.
Mandates all employees report.
Definition of unlawful is any violation of Title 97 Mississippi Code.
Violent acts are so cited in the text.Hands
Evidence that can be seen, touched, smelled, or felt.
Documentary: What is a legal document?
Men occasionally stumble over the truth, but most of them pick themselves up and hurry off as if nothing had happened. Winston Churchill, Sir (1874-1965)
Go forth and fight evil in support of Truth, Justice, and the American Way!
Those who choose not to confront evil are destined to become it.