Just Cause
The decision makers determine the available evidence does not sufficiently support or establish that the alleged conduct occurred or that the requirements for just cause were met. What is the finding?
Unsubstantiated
T/F - Investigators should lump multiple policy violations into one allegation.
False
What document needs to be signed prior to questioning?
Interview Advisory or Tennessen
What tense should your report be written in?
Third Person
What is the definition of just cause?
The standard used to determine whether discipline of a permanent employee is warranted.
1. What document must a subject sign when they choose to proceed with an interview without union representation?
2. Who should receive a copy of the document?
1. Union Waiver
2. Local Union President or Steward
Name five examples of documents that should be in your exhibits.
Interview Advisories
Union Waivers
Relevant policies
Work schedules
Photos
Videos
Incident repots
Performance reviews
Signed PD
Signed Workplace Relations
Timecards
Etc.
As investigators, what are the three elements of just cause that are related to our role?
1. Forewarning
2. Fair Investigation
3. Proof
What two things should an investigator communicate when notifying an employee of an investigation?
1. Confidentiality
2. Retaliation is prohibited
What interview technique begins with broad, open-ended questions and gradually narrows to more specific questions?
Funnel Technique
Identify three individuals who could potentially read your investigation report.
Decision Makers
Union
Arbitrator
MMB
Etc.
What governs government data?
Minnesota Government Data Practices Act (Chapter 13)
During an investigation, a witness provides information that supports the allegation. The Subject provides an explanation that contradicts the witness. What should the investigator do?
Document and evaluate both accounts.
What should an investigator do when an employee refuses to answer questions during an interview?
Explain that decisions are made based on the facts received, so if they do not participate, the decision will be made without the benefit of the information they have.
How should people be identified in a report?
When first identifying them, use their full name followed by the term you will use to refer to them throughout the remainder of the report in parenthesis.
A subject says they didn't know a particular conduct was prohibited. The supervisor has documentation showing the subject received the policy and completed training on it. What element is this evidence most relevant to?
Notice
Who is entitled to union representation?
Subject who is covered by a collective bargaining agreement or non-subject to a VA investigation who is covered by a collective bargaining agreement
Bonus: Complainant in a sexual harassment investigation who is covered by a collective bargaining agreement
What is the proper way to reference supporting documents in an investigation report?
Introduce and cite the exhibits in your report. Exhibits should be cited by (parenthesis). Example: (Exhibit 1)