
Active Shooter Training in the Workplace
Active Shooter Training in the Workplace




Indigenous women in this country are more likely than any other group to be raped or murdered. The salt in this gaping wound is they are also least likely to see justice. These are very passive terms, but there are no others, because the amount of data available about violent crimes against indigenous women is dwarfed in comparison to those of other groups. Last year, there were 5,646 Native American women entered into the National Crime Information Centre (NCIC) as missing. As of June 2018, there had been 2,758 reported missing. Many of their families have claimed no one bothered to investigate.
The jurisdictional issues surrounding cases occurring on reservations is a giant knot of Christmas lights; difficult to unravel, involving federal, state, and tribal law. It can sometimes be unclear to investigating bodies exactly who should be looking for answers. These cases become stillborn while law enforcement plays jurisdictional musical chairs—trails go cold, witnesses disappear, or develop amnesia, evidence is eroded. These women are not likely to be found, nor are their cases likely to be prosecuted. The disappearance of Ashley Loring HeavyRunner is a chilling example. She went missing from the Blackfeet Reservation in Montana in June of 2017. Her sister begged for help from the Indian Bureau of Affairs, and the FBI did not investigate until March of 2018, nine months later.
Despite the fact tribes on the reservations are guaranteed self-government by the Constitution, the more serious crimes fall under the jurisdiction of the FBI. The FBI is not obligated to notify them if a member of their tribe is reported missing or murdered. On top of that, the crimes do fall under tribal jurisdiction are placed in the hands of a woefully understaffed force. “A lot of times it doesn’t go beyond the missing persons report,” said Marita Growing Thunder, a 19-year-old murdered and missing indigenous women (MMIW) activist.
In fact, the work being done to preserve information about murdered and missing indigenous women is being performed in large part by private citizens, like Annita Lucceshi, a PhD student at the University of Lethbridge in Southern Alberta. “I realised how difficult it is to get a sense of just how many murdered and missing women there are because it changes constantly and there is so little official information,” Annita told Independent. The database she has compiled goes back a little over a century, and she described her experience with obtaining accurate information to be heavy labor. “The police are not helpful. Typically, I get no response at all. If I do, they say they don’t collect the data, or that they won’t be able to pull that information.”
It gets worse. In preparation for his film Wind River, director Taylor Sheridan paid a handful of lawyers to compile a statistic regarding murdered and missing indigenous women. After three months, they came back empty-handed, but had learned some disturbing facts along the way. As recently as 2013, sexual assault of a Native woman by a non-Native could not be prosecuted because it was a state crime on federal land. Natives accused of crimes against non-Natives can be prosecuted twice, by the federal government and by tribal police. This was rectified when the Violence Against Women Act gave criminal jurisdiction over non-indigenous people who commit sexual violence against Native American women.
In 2015, the Department of Justice announced they were developing the Tribal Access Program for National Crime Information (TAP) so tribes can enter and view information in the federal NCIC database, thereby streamlining muddled communications between investigating bodies. Ten tribes were selected for the beta-test of this new system, but as of 2016, some had not received their TAP terminals. Once again, the wheels of justice turn at a glacial pace for missing and murdered indigenous women.
Employee misconduct in the workplace can have a toxic effect on morale and productivity, which often incentivizes employers to resolve the situation quickly. These days, there are clear benefits to getting out in front of any misconduct complaint as movements like #MeToo have employers scrambling to vet their workforce so they can identify predators before scandal or evidence of misconduct can become public. In a surveillance culture where both bad behavior and good behavior are fodder for a good viral news story, employers everywhere are starting to understand the value in properly handling a corporate crisis. But in their haste to resolve the situation, are employers handling internal investigations properly?
Regardless of the type of business and type of misconduct, (sexual harassment, drug-trafficking, theft, etc.) the first instinct where there is a whiff of employee misconduct is often to keep the information very close to executives. As with any investigation, the controlled release of information has an investigative advantage in identifying the true culprits of any misconduct. This is the beginning of employers remaining too close to the situation. It’s not unusual for a well-meaning employer to appoint themselves as the head of the investigation—but this presents a huge conflict of interest. As a person with a great deal to lose, the employer is, by their very nature, biased and an unbiased investigation is the foundation for anything built on an employee complaint. Without the use of an external investigator, the case loses integrity.
Hiring an external investigator, like a licensed private investigator, will bring a flattering layer of transparency to any workplace investigation. First and foremost, a private investigator is an independent third-party. Having no personal knowledge of the employees involved—and therefore having no preconceived notions about them—means they can truly approach the case from an indisputable place of objectivity. The employer’s personal knowledge of their employees disqualifies them from such objectivity. Whatever the misconduct du jour, they might never suspect their trusted personal assistant, their senior manager, or their business partner—all individuals with extensive access to company information and property. However, a private investigator will vet this list of possible suspects in search of the truth.
When an employer is unsure of how to proceed when investigating workplace misconduct, it seems like a no-nonsense solution to let the lawyers handle it. And it can often make sense, as they will be fielding any litigation that surfaces. In-house counsel might feel it’s under their purview for the same reasons, but this is very misguided. The lines of their capacities as both in-house counsel and investigator cross one another, thus creating another conflict of interest. While there are states like New York that allow attorneys to act as private investigators without a license to do so, this is still not recommended. Witnesses within the company will likely have anxiety about speaking to the company’s lawyer, and might not be as forthcoming with pertinent details. Leads suddenly begin pancaking into dead ends as nervous employees become less cooperative. Private investigators have the advantage in this situation, as they are not representatives of the individual’s employers in any capacity, and have no power to fire them. It’s the same advantage private investigators have over law enforcement because they have no powers of arrest.
The documentation provided by a private investigator is invaluable to workplace investigations. After all, many reports not handled to the satisfaction of the complainant often lead to legal action, the most common example being the more familiar story of sexual harassment in the workplace: An employee alleges sexual misconduct against another employee. Both parties are interviewed. The interviewer does not tape the interview nor take notes. After a shoddy investigation, the complainant decides to sue the company for negligence. Another common example is the case of an employee who is hastily terminated for FMLA abuse or malingering before the company conducts a thorough investigation.
Not only are paper and ink expensive, but filling out and preparing reports is time-consuming—time that would be better spent trying to improve your business. Private investigators keep meticulous records, just like law enforcement, of all witness statements, evidence, surveillance, and relevant information to the case. This will go a long way towards addressing the complaint after the PI has issued their solution. It’s a perfect package: The investigation is chronicled from beginning to end, all of the relevant information is accessible, and best of all, it was conducted, prepared, and presented by a completely objective, independent third-party. The same third-party can also offer testimony in any court case that might result from the investigation.
Whether you’re investigating sexual harassment allegations, drug-trafficking, theft, or any complaint of employee misconduct, make the proactive choice of hiring a private investigator. It’s the strongest first step you can take in any internal workplace investigation. From the beginning, the investigator will be an impartial, unbiased eye whose only loyalty is to the truth. This kind of due-diligence will go a long way towards demonstrating you, as an employer, have heard the complaint, taken it seriously, and are only interested in what actually occurred. The solution will not be based on pre-conceived notions of colleagues, or biased assumptions, but independent deduction and well-documented evidence. And even if the investigation comes to a less than amiable termination, the foundation laid by the private investigator will protect your business from litigation.
With sexual assault allegations dominating recent news cycles, Americans are further developing their figurative picture of what it’s like for a survivor of sexual assault to come forward with allegations against their abuser. When a survivor comes forward, they are subjected to scrutiny, libel/slander, and fierce criticism from private citizens like themselves about how they should have handled the situation. Knowing that, it’s not incomprehensible that rage continues to fester in the communities affected by the Larry Nassar investigation and the USA Olympic Gymnastics organization’s glacial response time to allegations against him.
Nassar is currently in federal prison serving a 60-year sentence for possession of child pornography, which is a blip compared to the sentences he received from the judges in Ingham and Eaton County, both ranging from 40 years to as long as 175 years. More than 330 women and girls have come forward claiming to be a survivor of Nassar’s abuse. His sentence came after Nassar pled guilty to possession of child pornography and sexual misconduct with the young gymnasts he treated at the famous Karolyi Ranch in Texas. Sarah Jantzi was Maggie Nichols’ coach at the time—Maggie’s allegations of abuse against Nassar are considered some of the first in the string of gymnasts who came forward after the Nassar investigations became public. Jantzi reported her concerns about Nassar to USAG after she overheard Maggie and another gymnast discussing whether Nassar’s practices were considered “normal.”
Nassar treated Maggie for a knee injury, during which he insisted on examining her groin area. He did not wear gloves, and took pains to close the door and the blinds before beginning the examination. Jantzi also contacted Maggie’s mother, Gina Nichols, who told IndyStar, “It was nothing you’d expect in a million years. I mean, I’m sending my minor daughter the last four years, one week a month, down to the Ranch to train. So proud. She’s on the USA team. Working so hard. Our family making all these sacrifices. It’s just—you wouldn’t even think this is something that would have ever happened.”
USA Gymnastics officials waited a jaw-dropping 41 days to report Nassar to police after the first hearing regarding Jantzis concerns. It’s a bad look, and to make matters worse, the organization did not inform Michigan State, where Nassar also worked with young athletes until late summer in 2016. The notoriety of some of the survivors drew a great deal of media attention when the investigation became public, and while much of the country currently associates mention of the USAG with sexual abuse allegations, the reality is this culture of silence and abuse is not unique to the USA gymnastics team. Katherine Starr, a former Olympic swimmer and abuse victim who founded Safe4Athletes, a nonprofit organization working to address and prevent abuse told the Chicago Tribune, “We’re hearing all about gymnastics, but the problems in gymnastics are equally as prevalent in every other sport…I think people are starting to understand the complexity of this, and how this stays in the system…It stays in the system because of governance, because of the people in charge.”
Just this week, two divers for the USA Diving team have filed lawsuits against their former coach, John Wingfield, claiming his academy ignored complaints against a coach under his supervision, Johel Ramirez Suarez. The divers claim the organization had knowledge of Suarez’s alleged predation prior to Suarez sexually assaulting them both. Suarez was eventually arrested in Hamilton County, Indiana in November of 2017 and was subsequently charged with 32 felony counts of child sexual abuse, earning him a spot on the USA Diving teams banned list. Even after USAG had reported Larry Nassar to the FBI (13 months after the initial hearing), they still did add his name to that list.
In a review of documents and data pertaining to the organizations governing the sports, the Washington Post revealed since 1982, there have been over 290 coaches and officials affiliated with American Olympic sports who have been accused of sexual misconduct. That number covers 15 different Olympic sports, and includes both individuals who have been convicted of their crimes and individuals who have never had to answer for the allegations made against them. The figure averages out to one official being accused of sexual misconduct every six weeks for over 35 years. If the Nassar case tells us anything about how Olympic organizations might have typically responded to abuse allegations, it’s not a mystery how a culture of abuse and silence was cultivated as many attempts to investigate the abuse were swept under the proverbial AstroTurf.
Survivors like Aly Raisman have called out USA Gymnastics, claiming that they were more concerned about guaranteeing gold medals that protecting their young athletes. “I don’t think that they cared at all. I think at first it was to ‘get him away,’ Nassar away from the Olympians, but when it was about a 10-year-old, or a 15-year-old, or a 20-year-old in Michigan they didn’t care,” Raisman told the Indy Star. That much is apparent from emails between Nassar’s legal counsel and USAG officials, in which the Olympic organization clearly took part in the effort to conceal the Nassar investigation from athletes and from the public. Aly Raisman also told IndyStar that she received a text message from the former USA Gymnastics President, Steve Penny in July of 2017, advising her that the first priority was keeping the investigation “quiet and confidential.” It would have saved many survivors like Kaylee Lorincz a great deal of pain if the organization had made allegations against Nassar public. While under investigation, Nassar treated Lorincz twice after Sarah Jantzi notified USAG about her concerns. Lorincz says that she was abused both times by the sports medicine “celebrity,” and lamented, “It could have saved many more if they could have just stopped him in 2015. It makes me angry and upset because it could have prevented so much.”
At this time, it’s difficult to determine the motives of the USOC and how they reacted to allegations against Nassar and other officials who have been accused of sexual misconduct with athletes. Did they do so out of ignorance or apathy? Or was this a focused effort to erode investigations into these allegations all together? A recent Washington Post article called for law enforcement and state attorneys to open investigations into other USA Olympic teams and organizations. John Manly, an attorney who represents many survivors of Nassar’s abuse told the publication:
“The most amazing thing about this evolution is that no one has executed a search warrant on USA Gymnastics and no one has executed one on the USOC…If anyone deserves a search warrant given the evidence to date, it’s them. If you believe these Olympic gold medalists, then [USA Gymnastics] violated the reporting laws in Indiana. I mean, why haven’t you done something?”
Surveillance capitalism has multiplied the number of eyes on us at all times. Ubiquity of security cameras, traffic cameras, and cell phones with cameras have made it possible for law enforcement to track a suspect’s movements for entire city blocks. And that’s not counting the omnipresent eye of social media, where photo and geo tags can assist law enforcement and private investigators with locating suspects, witnesses, and collect information about a location without having to leave the comfort of their offices in what is now called a “geosocial investigation.”
Before the age of geo-data on social media, employees who called off work on Friday to enjoy a three-day weekend in Atlantic City had no fears of being discovered on Monday by a nosy employer who checked their social media. When social media was in its formative years, a private investigator would be lucky to be scraping the social media of a subject who was indiscriminate about what they chose to post on their Myspace page. Nowadays, employees have to be more cautious regarding posts about their out-of-work activities than ever, with many employees maintaining two Facebook pages—a work Facebook populated by posts that would not offend the most fastidious human resource employee, and a personal Facebook where employees reveal themselves, warts and all, with no regard for who might see the pages. Now, the new reality of surveillance capitalism has changed the world of third-party investigations forever with the assistance of geosocial investigations.
Geosocial investigations are a subset of social media investigations, where the focus of the research centers around a place, rather than a single individual. After all, if you fraudulently submit an FMLA claim that prevents you from working, you’d be very careful not to post any pictures of yourself enjoying vigorous activities, like yard work or hiking. However, if you’re in a group of individuals—all with smartphones and social media profiles of their own—it’s nearly impossible to prevent all pictures of yourself from seeing the light of the internet. This newfound culture of hypervigilance and surveillance may sound like it’s harder for law enforcement and private investigators to squeeze blood from the stone of social media, but where individuals might be protective of their own information online, their friends and relatives may not.
Deriving information on a subject from the social media profiles of their friends and family is a major tenant of geosocial investigations. Exposure online is not limited to pictures. Social media widgets that allow users to check in at specific locations, or add geotags to the photos they post, are also exposing malingering employees during internal investigations. Law enforcement can use this technology to search for social media posts geotagged at the time of an auto-accident in order to locate witnesses. By the same token, they can use it to identify people who are posting in restricted areas where civilians are not allowed. The effect of this technology allows a private investigator to “crowdsource” the information, saving themselves hours of tracking down witnesses and interviewing them.
Geo-social investigations are just one consequence of the world’s newfound surveillance capitalism. As the technology continues to mature and become more sophisticated, social media will continue to expose criminals and malingerers. Employers will see a rise in the exposure of employees abusing FMLA claims. Former employees violating non-compete agreements will be exposed before they have a chance to get a new business venture off the ground. Law enforcement and private investigators will be able to crowdsource investigations with the use of geo-social data.
Carie McMichael is the Media and Communications Specialist for Lauth Investigations International. For more information please visit our website.