Internal Investigations

Investigators should be trained, impartial, and have no conflict of interest. Options include HR professionals, in-house counsel, or outside investigators. Outside investigators provide greater independence and may be preferable for sensitive or high-level matters.

Key steps include defining the scope, reviewing relevant documents and policies, interviewing the complainant, the accused, and witnesses, analyzing evidence, reaching conclusions, documenting findings in a written report, and recommending corrective action.

Privilege may protect investigations conducted at the direction of counsel for the purpose of providing legal advice. However, privilege can be waived through disclosure, and the scope of protection varies by jurisdiction. Careful privilege protocols should be established at the outset.

Take appropriate corrective action based on findings, communicate outcomes to the complainant and the accused as appropriate, document the resolution, and consider whether systemic changes such as policy updates or training are needed to prevent recurrence.