As the Western idealization of a family unit continues to grow and change, more and more parents are either opting to place their child for adoption or adopt themselves rather than have a biological child. As such, adoptions are on the rise. The Adoption Network estimates the number of children in foster care at any given time in the United States is around 428,000. Of that staggering number, about 135,000 are adopted every year. Children are put up for adoption under a wide umbrella of circumstances in varying degrees of frequency, but what is not uncommon is a child’s adolescent or adult curiosity about the exact nature of where they came from. Because adoption agencies have their own privacy restrictions regarding birth parents, adopted children are often left with only a few meager details and options. Private investigators, however, are well-equipped to find a child’s birth parents; with a comprehensive tool chest and a wealth of experience in searching for persons who may or may not want to be found.
The rate at which information technology is developing has been denoted by some as Orwellian, but the ubiquity of public databases and fact-finding software available to the public is higher than ever. Hiring a private investigator may be costlier to the individual than conducting the search oneself, but without the proper tools and expertise, individuals can follow false leads and dead ends for years at the cost of their time and personal finances. Private investigators, especially ones who specialize in locating biological relatives, can cut down the time and expense individuals would ultimately incur during their search. The complexity of adoption laws and procedures (often varying state-to-state) is a knot of cable wires that is difficult for any private citizen to untangle.
Private investigators with a variety of specialties are suited for this work because there is no chain of command in their business. Most notably, private investigators are often their own bosses, with the freedom to pick and choose the cases they want to focus on. Unlike the underpaid, overworked civil servants who work in child services, or the overwhelmed agents at an adoption agency, private investigators only handle less than a half-dozen cases at one time, so an adoption case will not just become another folder in a tall, precariously leaning pile on someone’s desk. There are no jurisdictional boundaries preventing a private investigator from going across state lines, as long as they are licensed in the state or being contracted by a private investigator who is licensed in the state. While there are limitations to what information can be gathered from the state based on the birth-parents wishes, the autonomy of a private investigator is ideal for tracking down either birth parents, or children who have been placed for adoption.
The Child Welfare Information Gateway estimates, of all parents placing their biological children for adoption, nearly half of those parents will then seek out those children after they have reached adulthood. Parents in search of a biological child always have a search advantage as the legal adult at the time of the adoption. They play a pivotal role in establishing the boundaries that might preclude this child from ever contacting them again in the future. Depending on the terms of the adoption agreement, the adoption agency may not be able to release information about anonymous birth parents to their biological children.
The privacy laws surrounding adoption in the United States date back to the beginning of the 20th century, and were put in place to protect the privacy and identity of all parties involved in an adoption. It’s only in recent years that the Adoption Information Act has made it possible for both parents and children to request information about the other in situations where all of the aforementioned parties have waived their right to privacy. Adoption laws have also gone through a metamorphosis in recent decades where parents are required to fill out detailed medical histories for the benefit of the child’s physical and mental health growing up. In addition to information about their own birth (date, location, hospital), a birth parent’s medical background might be the only information an adopted child possesses.
Locating a birth parent or child is a form of investigation known as a skip trace. “Skip” refers to the action of searching for a person, derived from an old colloquialism, “to skip town,” or leave with very little notice or instruction. Trace refers to the process and resources involved in finding the person, such as international online databases, surveillance, and location technology and services. Skip traces in adoption cases can go both ways: A child in search of their birth parents, or a birth parent in search of the child they placed. Private investigators who take adoption skip traces have a mountain of data to sift through, including adoption registries, religion-related services (such as options offered through the Catholic church) and a mountain of databases, including—but not limited to—welfare, child protective services, private adoption agency, foster care, police, court, hospital, and international records.
Depending on the level of information available to either a birth parent or biological child (and subsequently the investigator) adoption cases can have a mixed bag of possible results. In scenarios where a private investigator is unable to find a birth parent, it’s typically because there is not enough information on the record to begin with. Because of varying degrees of regulation across all adoption agencies (both state and private), the level of information and quality of record keeping is a crap-shoot, and investigators often hit dead ends in those types of investigations. In other circumstances, after many long hours of research and investigation, the private investigator is able to locate the birth child or parent, only to report back to the client the subject in question has no desire to reunite with them in any fashion. These are solutions often unsatisfactory to the client, but it is a difficult reality, and the client will have some semblance of closure regarding their questions about the subject. However, in the event private investigators locate the birth child or parent, and the subject is willing to re-initiate contact, private investigators can be ideal liaisons to bringing biological parents and children together in adulthood. They can alleviate some of the most common anxieties surrounding meeting strangers, and have experience with reconnecting displaced parties that will inform a gradual process of reestablishing contact.
Life has an infinite potential to get messy very quickly, and a child being placed for adoption is one of the consequences of the indeterminate. Fortunately, private investigators not only have the sleuth skills to find persons under all circumstances, but an acute ability to read people that benefits the precarious nature of the cases they take on. When a birth parent and child are open to meeting again under more pleasant circumstances, private investigators can build strong bridges across decades of separation, confusion, and curiosity.
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?”
In recent months, many Americans have been receiving calls from parts of the country they have never heard from before. They wonder to themselves, “Who could possibly be calling me from Bristol, Rhode Island? I don’t know anyone in Bristol.” They accept the call, and a voice will tell them that an agent with their firm has reviewed their case file, discovering that they hundreds of dollars in credit card debt, and must pay it all immediately, or else face a smattering of other fees for failure to pay. Fraught with the anxiety of their credit score tanking, they address an envelope to the P.O. box where the voice instructs them to send a check for the full amount. Before they place that envelope in the mail, hopefully they’ll realize they’ve just received a robocall.
They’re almost commonplace nowadays, regarded as more of a nuisance rather than a crime. Strange numbers automatically dial out to phone customers across the country, claiming they’ve won a free cruise or asking for donations to a fraudulent cause. However, many Americans are still not certain about what robocalls are, or the fact that most kinds are illegal.
Robocalls are just one of the latest tools in committing consumer fraud over the phone. There is a great deal of legislation distinguishing which types of robocalls are legal. Conventionally they permit robocalls that convey important and/or emergency information, about things like school closures or natural disasters. With the rise of robocalls at the beginning of the millennium, the National Do Not Call Registry was established so that consumers could place themselves on a list in order to avoid them. However, legitimate telemarketing firms are still allowed to contact you over the phone for legal business, as long as your number is not listed on the Do Not Call registry, and you have not formally opted out of receiving phone communication from the business. Indiana law specifically requires that all prerecorded messages that bot calls are famous for must be introduced by a live operator, as well as providing an address where the caller can be reached.
These types restrictions have forced the “robo-callers” to evolve and adapt. Conventional methods of blocking robocalls have been successful in nearly extinguishing the presence of calls to landlines. With smartphones only growing in use throughout the country, the technology designed to stop robocalls has not yet been perfected for them. The good news is that consumers (like the one receiving robo-debt-collection-calls) are never without resolve when it comes to harassing calls from a number claiming to be a collection agency.
Regardless of whom the robocall claims to represent, there is no legal obligation to speak to anyone over the phone. In the event that the call is legitimate, it is perfectly legal to communicate through your personal or business legal representation. If the call is legitimate, the lawyer can represent your interests and review your options with you. If you are without representation, you can also retain the services of a private investigator to ensure that the call is legitimate. The internet provides the ability to perform a reverse-lookup of suspicious or unfamiliar phone number, but most websites require that you pay for the search results, and after you pay, it might turn out that the information is inaccurate. The professional services of a private investigator allow them access to specific tools that provide accurate information to verify the legitimacy of the robocall. Bearing in mind that there is no agency sanctioned to harass you via telephone, consumers who sign up for the National Do Not Call Registry might find this is an imperfect solution. It will merely put you on a no-contact list required to be observed by all accredited, registered businesses. Although there might be a decrease in unsolicited calls, it still does not prevent illegitimate businesses to contact you with robocalls.
The best recommendation that the Federal Trade Commission has made to consumers who are the victim of robocalls on their smartphones is downloading a third-party mobile app that uses both the hardware and the software of a smartphone to block robocalls from plaguing your mobile device,” “Call blocking apps let you create blacklists – lists of numbers to block from calling your cell phone. Many of these apps also create their own blacklist databases from numbers that have received significant consumer complaints. They also let you create whitelists – numbers to allow – that are broader than just your personal contacts.” This process has so far proven very effective. As users utilize the application, it builds a stronger wall that keeps unwanted robocalls out.
The days of telemarketers who always call during dinner are long gone. Now robots are doing the dialing work. As technology advances, Americans feel more and more paranoid about ways the criminal element might have access to their money. Robocalls have only made it simpler to manipulate vulnerable consumers into parting with their hard-earned income. The Federal Trade Commission is attempting to evolve even faster than scammers, developing technology similar to apps like RoboKiller and Nomorbo that can keep robocall schemes at arm’s length. Professionals like lawyers and private investigators are invaluable sources when validating the legitimacy of a robocall a consumer fears might be legitimate. The most important resource, however, is an informed consumer. Vigilance and skepticism are the first line of defense when dealing with robocall consumer fraud.
By: Kym Pasqualini, Feature Crime Writer for Lauth Investigations
Open-source intelligence (OSINT) is the collection of data from publicly available sources to be used in the context of intelligence. Within the intelligence world, the term “open” refers to overt, meaning sources available publicly, opposed to clandestine or covert sources.
OSINT is not a new concept. It has been in use for decades. However, with the arrival of instant communication and fast information transmission, a significant amount of predictive and actionable intelligence can now be obtained from unclassified public sources.
OSINT should not be confused with public intelligence or open-source software.
The U.S. Director of National Intelligence and the U.S. Department of Defense (DOD) define OSINT as information produced from publicly available information collected, exploited, and disseminated in a timely manner to an appropriate audience for the purpose of addressing a specific intelligence requirement.
In short, open source acquisition involves procuring written, verbal or electronically transmitted material that can be obtained legally without any type of clandestine collection techniques.
Background of OSINT
OSINT’s originates with the pre-Central Intelligence Agency (CIA). The formation of the 1941 Foreign Broadcast Monitoring Service (FBMS) was born during World War II and evolved into the 1967 Foreign Broadcast Intelligence Service (FBIS), the predecessor of the Open Source Center of today.
Acquired by the CIA in 1947, FBIS emerged as the only recognized service organization trained and equipped to monitor and process foreign broadcasts for the benefit of all government agencies needing the service.
Coverage worldwide, to the extent it exists today, was beyond the dreams of those who lived in that era.
In 2005, following the 9/11 attacks, the Director of National Intelligence Agency, Porter J. Goss, announced the creation of the DNI Open Source Center. The Center is designed to collect information available from databases, radio, television, video, geospatial data, photographs and commercial imagery.
OSINT Information Flow Categories
Media to include newspapers, obituaries, magazines, television, and radio worldwide.
Internet includes, but not limited to, online publications, discussion groups, blogs, citizen video (user created content and video), Facebook, YouTube, Twitter and other social media websites.
Commercial Data includes commercial imagery, industrial and financial assessments and databases.
Grey Literature: patents, working papers, business and corporate documents, newsletters, technical papers, and unpublished works.
Professional and Academic publications obtained through journals, symposia, academic papers, journals, theses, and dissertations.
Public Government Data: telephone directories, press conferences, websites, speeches, budgets, hearings and other public government reports.
There are various disciplines of OSINT and the methods and applications are almost endless.
The New OSINT
Ten years ago, open source information was scarce; however, in recent years OSINT has taken on an entirely new meaning.
Back in the day, people were primarily found by searching a phone book. Today, people are increasingly comfortable with sharing their personal information and a treasure trove of information for those who want it.
According to Statistica, it is estimated there will be 2.77 billion social network users around the globe in 2019. Social media has become an excellent and consistent source of information.
While, decades ago the problem was shortage of open source information, the biggest difficulty now, is filtering through an overabundance of information.
Some examples of OSINT resources are:
Internet directories containing personal information, residences, relatives, demographics, employment, contact information.
Social networkingsites provide personal information, friends, family members, interests, photographs, videos, and activities.
Online reviews provide interests, purchases, activities and lifestyle.
User contributed information could be a blog, hobbies, opinions, and expertise.
Academic sites provide information related to education, business conferences, associations, and academic papers.
Company websites have personnel listings, backgrounds, location, duties, services, and contact information.
News sources provide topical information, reports, events, personal history, obituaries, and contact information.
Government sources provide personal information, criminal background, court activity, minutes, locations, demographics, tax records and other financial data.
Social Media Monitoring and Geofencing
Companies like Echosec, based in Victoria B.C., offers a web platform to draw what is called a “Geofence” allowing users to pinpoint a location of interest on a map and obtain information within selected parameters, then filter searches by keyword, hashtag, or username within the geofence.
Echosec’s real-time social media mapping connects virtual communities to real-world locations and gives new meaning to Geographic Information System Mapping (GIS). A powerful research tool combining GIS and OSINT.
This is becoming a popular method of analysis for retail, branding, journalism, private investigation, and finance, collecting what Echosec calls “hyperlocal insights” for better business and breaking news stories.
Google, Yahoo, Bing and other traditional link-crawling search engines do not typically access the information professionals using OSINT research techniques and resources can provide.
Embracing Geolocation
Geolocation is one of the most valuable resources used today. For example, videos and photographs shared publicly often contain information where the photographs originated.
Most of us post pictures of ourselves and our friends, tagging each other during a vacation at the beach or out on the town. A geotagged picture is a post that attaches a “geotag” which is the physical location to the post. It allows users insight to their followers, where they are, and what they are doing.
Social media and Geo-location monitoring of open-source information has been more frequently used by law enforcement and private investigators to conduct investigations. Whether a missing person investigation or background check, basic and even critical investigations can benefit from OSINT.
For example, a person is reported missing and frequently posts photographs on Snapchat, Instagram and Facebook. Investigators can access the geotags and see where the person was last and often see who they were with, allowing the investigating agency the ability to immediately expand their investigation.
Open Source Private Investigations
Many private investigators are now specializing in open-source intelligence and social media investigations, referred to as Social Media Intelligence (SOCMINT). While much of the information is available publicly, there are many reasons why an individual would choose to hire a private investigator.
Private investigators have become experts in the field of open-source intelligence investigations.
Simply, private investigators know how to search, where to search and what to search for, making hiring a private investigator a more efficient choice. Private investigators know if the information is online, in a state repository, library or the courthouse.
Information that can be obtained includes but is not limited to the following:
Voter registration
Bankruptcy records
Corporate records
Property records
Probate records
Divorce records
Marriage records
Court records
Criminal records
Due diligence
Business information
Financial information
Whether a private individual or a business, obtaining the right information often leads the investigation in a specific direction. Private investigators of today are the next-generation of private intelligence providing services such as:
Fraud Investigations
Competitive Intelligence
Counterintelligence
Intelligence Collection
Internet Investigations
Email Tracing
IP Investigations
Financial Investigations
Asset Investigations
Pre-investment Investigations
Difficult to locate
Missing Persons
Background Investigations
Knowing when to use a private investigation firm can help hasten an investigation. The service of these firms can make life easier because it requires more than just knowing how to use the Internet. And when all resources are exhausted, a good old “gum shoe” detective can investigate – boots on the ground.
Protecting Your Business with OSINT
Thomas Lauth of Lauth Investigations International uses his nearly 20 years experience working with both private and business sectors. “Open-souce Intelligence or OSINT isn’t a common term used in the business world; however, I can assure you it is a dynamic method of information gathering for businesses in this day and age,” said Lauth.
(Open-source intelligence is being used more frequently to protect company’s information.)
The importance of OSINT is business can’t be exaggerated. It is a matter of gathering intelligence from publicly available sources and analyzing that information for connections and actionable intelligence that would not be normally publicized. In fact, there may be information about your own company available publicly that can make it easier for someone who is considered an “insider threat” or conducting a social engineering campaign to obtain proprietary or damaging information.
“Conducting periodic OSINT for your business, assessing the risks, and addressing vulnerabilities can save a company from failure,” add Lauth. “It is a recommended and necessary action item for all successful businesses.”
OSINT is contained in company websites, reviews, Google searches, along with newspapers, geo-location data within images, company reports and other publicly available data. Often overlooked is social media. Companies and employees often provide more information to hackers or “insider threats” than realized.
Criminals can exploit easily obtained information to conduct scams or a social engineering campaign against a business. In fact, criminals use OSINT too – only for their own devious purposes.
To exploit weak links, criminals or “black hats” can spend weeks, even months researching employee email addresses, current projects, employees that manage money and monitor their social media. They will even study the way employees communicate with each other, gathering the information to create convincing phishing scams and social engineering attacks.
The information collected to conduct these criminal activities is not obtained by hacking into the company, it is obtained by gathering publicly available information.
“The trick is to stay one step ahead of the criminals,” said Lauth. “When working with clients, we ensure we identify vulnerabilities and the process is conducted effectively, efficiently and confidentially.”
The bottom line, by exercising due diligence, using OSINT, and reviewing your own publicly available information, you can protect yourself and your company.
By: Kym Pasqualini, Feature Writer for Lauth Investigations
Scandals can arise anywhere, especially in the workplace, and schools are especially vulnerable. Allegations of sexual misconduct, assault and other accusations violating workplace compliance and law, have severe civil and criminal liability.
We have all heard about sports-related and college scandals, and the newly and highly publicized accusations against Harvey Weinstein that seemingly were permitted to go on for years without anyone acting. These situations can create not only a media frenzy, social media ubiquity and significant liability within a company. How complaints are handled can affect an institution’s reputation for years.
Institutional leadership has a moral, ethical and legal obligation to protect students and employees.
Most importantly, it is the responsibility of an institution to protect their students and employees, and the leadership has a legal, moral and ethical obligation to do so.
An institution’s investigative process, in response to sexual assault or misconduct, needs to be geared toward determining what happened without having preconceived notions of the outcome. The process should be consistently applied, clearly documented, and show the steps followed in achieving the conclusion.
Maintaining a record of this process and the findings is critical to minimizing risk should there be a consequent lawsuit or investigation by an outside entity.
Title IX
President Richard M. Nixon signed Title IX Educational Amendments of 1972 as a comprehensive federal law prohibiting discrimination on the basis of sex in any federally funded education program or activity. In addition, protecting employees and students from sexual misconduct.
Sexual assault and misconduct investigations not meeting legal standards are increasingly resulting in very costly claims. Ensuring Title IX compliance is the best way to minimize risk.
In a 2011, “Dear Colleague” letter (DCL) was issued by the U.S. Department of Education’s Office for Civil Rights (OCR). According to the letter, investigations must be:
Prompt – The DCL defines the meaning of “prompt” as conducting an investigation within 60 days, acknowledging more complex cases may require more time.
Thorough – OCR mandates a case must be “thorough” and the investigation must be conducted in good faith. The employer must have legal grounds to believe the employee participated in misconduct before any disciplinary action is taken.
Courts expect a thorough and adequate investigation in all sexual assault and misconduct cases.
Courts do not focus on whether the employer made the right conclusion but instead, examine the determining process used to ensure the investigation was adequately thorough. For example, analyzing the type and number of interviews conducted, confidentially of the interviews, were they handwritten or recorded and how. The court also notes if the investigator asked non-leading, open-ended questions; encouraged witnesses to clarify or correct testimony; or challenged information provided by witnesses.
Small mistakes may not damage an investigation; however, a case could be considered inadequate simply on the pretense an individual lacked prior experience investigating sexual harassment cases or failed to adequately explore the allegations.
Impartial – It is necessary to remain impartial. For example, the person who made the complaint should not be a supervisor over the individual investigating the complaint. A qualified investigator should always be used to investigate sexual assault and harassment complaints, one who can remain objective and has no stake in the outcome of the case.
There are two recommended models of investigation to be conducted by a trained investigator understanding of the evidence needed to sustain or disprove allegations.
What Are The Numbers?
The Chronicle of Higher Education (CHE) tracks federal investigations of colleges for potential violations of the gender-equity law Title IX involving alleged sexual violence. According to CHE, as of January 10, 2018, there were 337 sexual violence cases under investigation at 243 postsecondary institutions.
A campus investigation differs from a police investigation; however, both can occur at the same time. It just depends on where the victim reports the assault. A victim may feel more comfortable going to campus police than law enforcement for fear they may be doubted or blamed, especially in cases of rape by an acquaintance. Though advocates fear victims being discouraged from coming forward, in several states, lawmakers are now proposing colleges be required to notify law enforcement.
Pre-Investigation
In this model, the investigator meets individually with both parties and witnesses prior to any hearing and provides the information to a panel or hearing official. The goal is to maximize the information obtained during the interview process by questioning parties and witnesses privately to minimize stress for the participants, while also protecting testimony.
Prior-Hearing Investigative Process
The other common model, the investigation is part of the hearing process where an official panel or hearing official questions witnesses, hears testimony, reviews documents and evidence, and makes a conclusion.
While this model may work well for some institutions, it tends to be viewed as adversarial and may affect the overall reliability of the case.
According to United Education’s EduRisk program, while it is the institution’s responsibility to investigate alleged sexual assaults or harassment, and decide if discipline is warranted, this model can inappropriately burden the parties to present their cases by identifying witnesses and evidence for school officials to consider. In addition, most school officials are not trained investigators or private detectives with experience working with such sensitive circumstances.
Proper Documentation
The institution has the responsibility to properly document its investigation of any sexual misconduct allegation to provide a reliable record of all evidence the findings are based. This is especially critical when an allegation may appear meritless on the surface.
Though courts do not favor one method of documenting interviews, ideally, in addition to a final report, an investigator should provide a summarization of evidence, assessment of credibility of witnesses interviewed, and contain only factual conclusions.
Policies and Procedures
Given the importance of sexual assault and other misconduct allegations, it is necessary to have the appropriate policy and procedures to demonstrate the institution’s commitment to the safety of its employees and students, help prevent avoidable crises and support an efficient and effective response.
It is vital to understand when an investigation is warranted, and the purpose of the investigations, to include planning and organizing.
Every institution or company should have policies in place specifically addressing suspected misconduct to help respond reasonably with guidance as to how staff should respond and recommended to utilize experts to help identify vulnerabilities that may exist in an institutions current policies and procedure.
What a Federal Investigation Entails
To most onlookers, the federal investigation process of an institution is opaque. The OCR informs a college it is under investigation and informs whether it is based upon a compliance review or complaint. When it is a complaint, typically, the complainant’s information is not made available.
Federal officials require a great deal of information, such as policies, training material, investigative reports, interviews, incident reports, hearing documents. They will visit the campus to meet with both students and employees as well.
Some OCR investigations can conclude quietly, with an “administrative closure,” “early complaint resolution,” or “insufficient evidence.” Other investigations can result is a letter of findings, not seen until the conclusion, along with a “negotiated resolution agreement” that details policies and procedures a college must change or adopt. To comply, these often require implementing or expanding training programs for faculty, students, and staff, along with modifying policy and procedure.
Investigations are getting tougher. The OCR will likely monitor the college’s progress for years to come.
The best way to avoid investigative, policy and procedure pitfalls is to respond appropriately the first time using a professional investigative agency or experienced private investigator.
Fair and Independent Investigations
Lauth Investigations Sexual Harassment Division is headed by founder Thomas Lauth who has extensive experience investigating sexual misconduct.
One thing has become abundantly clear, after watching the numerous news stories covering sexual assault and harassment, is remaining mindful of the sensitivities involved in such an investigation, making it necessary to address each client’s needs. In addition, a rapid response, both thorough and professional, is necessary so as not to cause more harm.
Sexual assault and other misconduct has serious psychological consequences on the victim. Lauth Investigations professionally conducts sensitive internal investigations related to sexual assault and misconduct with utmost integrity. Our private investigators take great care to develop facts, determine credibility, and reach findings with objectivity and independence, while also exercising discretion and sensitivity.
During an investigation, Lauth Investigations expert private investigators will interview the complainant and witnesses, examine relevant documents, obtain written statements, medical records, email and other communication. At conclusion, a confidential report is delivered to include finding and recommendations that adhere to court and panel oversight.
Title IX investigations differ from a law enforcement investigation, and critical in the initial phase to ensure evidence is preserved, whether it be physical evidence, video surveillance or other important aspects of a proper investigation. Lauth investigators will ensure the investigation is treated with utmost integrity so as not to compromise the investigation.
Our experts can also evaluate and provide recommendations of current policies and procedures to help strengthen the response to sexual assault and misconduct.
distinguishing which types of robocalls are legal. Conventionally they permit robocalls that convey important and/or emergency information, about things like school closures or natural disasters. With the rise of robocalls at the beginning of the millennium, the 
The best recommendation that the 
The institution has the responsibility to properly document its investigation of any sexual misconduct allegation to provide a reliable record of all evidence the findings are based. This is especially critical when an allegation may appear meritless on the surface.
Thomas Lauth