When To Use an External Investigator

Author: Ericka Lewis, Investigation, Hearing & Appeal Team

Many internal compliance and human resources offices are equipped to conduct prompt, thorough, and impartial investigations; however, occasionally, an institution might be faced with circumstances that may challenge their ability to do so. Below are some factors to consider when conducting an investigation.

Expertise

No two investigations are the same, and some are so unique that your team simply might not have the specific experience to handle them. Retaining an external investigator for cases involving niche subject matter, highly technical evidence, or high visibility with media scrutiny is a great way to supplement gaps in your team’s expertise. External investigators can also be beneficial for logistically complex matters, including those involving multiple parties, cross-complaints, numerous allegations, allegations dating back many years, multiple theories of discrimination, or multiple policies and procedures.

Bias

All concerns raised about bias should be considered, but not all concerns require external investigators. External investigators can be helpful when the following concerns about bias arise:

• When the office seeks to build confidence in the institution’s investigative process after an accusation of bias, whether accurate or misplaced.
• When the office receives a complaint that involves a staff member within that office.
• When an internal investigator has a personal relationship with one of the parties and the case cannot be assigned to another internal investigator.
• When an internal investigator is asked to investigate someone to whom they report or a member of senior leadership – for example, a Title IX Coordinator or an institution’s president.
• When the compliance office is concerned about pressure from administrators who might expect certain outcomes.

Support

Many institutions operate with a limited number of internal staff available to conduct investigations. A campus compliance office can easily become overwhelmed when the office is short staffed or receives a surge of reports in response to an incident that impacts the campus community. In these situations, external investigators can provide valuable support by helping offices manage caseloads effectively during periods of increased demand.

Efficiency

All investigations should be conducted promptly, but some cases – such as those involving minors or impending graduation deadlines – are often prioritized. Internal staff might not be able to pause their workload to handle these types of cases. External investigators are often better equipped to conduct investigations on an expedited timeline, and some firms offer rapid response investigation services to meet this need.

How Grand Rivers Solutions Can Help

Grand River Solutions provides highly experienced, and neutral investigators to investigate allegations of harassment, discrimination, retaliation, bullying, sexual violence, and stalking. Our investigators are available to work on long-term and short-term projects or on individual cases, even in the most complex or sensitive matters. Talk to us about your requirements, including the need for rapid response investigations.