Why Communication Protocols Matter

Lessons Learned from a Seasoned Civil Rights Investigator

Author: Kelly Whitney, Investigation, Hearing & Appeal Services Team

Communication protocols in an investigation are often treated as an administrative afterthought — a checkbox rather than a core part of the process. In practice, how and when we communicate with parties can shape their experience of the entire investigation, sometimes as much as the substance of the investigation itself. The following story illustrates why.

I once innocently sent follow-up questions to a party late at night. I was simply taking advantage of my first opportunity to send them and trying to be efficient. I later learned that the party stayed up all night because they interpreted the questions as an urgent request that required an immediate response.

The lesson was simple:

Investigations are stressful for those involved. Unexpected after-hours messages can create unnecessary anxiety. Even when a party does not specify that certain hours are off limits, it is advisable to stick to regular business hours as much as possible.

I should have scheduled the message to arrive the next morning during normal business hours. A few extra clicks could have prevented an unnecessary night of stress.

That experience reinforced an important principle: effective communication requires us to consider not only when information is convenient for us to send, but how and when the recipient is likely to experience it.

Our written email communications with parties create a record of our process. Having strong communication protocols is one of the first steps to creating a process that is fair, accessible, predictable, and respectful. Taking identical steps for both parties demonstrates neutrality.

Ask How Each Party Prefers to Communicate

At the start of an investigation, establish each party’s communication preferences and needs.

For example:

• Preferred email address
• Times they should not be contacted
• Whether an advisor or representative should be included
• Safety, privacy, or confidentiality considerations

Accessibility Is Not Optional

Communication is not accessible if parties cannot reasonably access or respond to information.

Common needs include:

• Accessible document formats
• Captioning or communication aids
• Plain-language communication

And importantly: accessibility is not only about disability. Language barriers, technology issues, and temporary circumstances can all affect access.

If someone says, “I can’t access this,” the response should not be, “I emailed it.” Ask instead: “What would make it accessible for you?”

Once a need is identified, it should be documented so the party does not have to repeat themselves. This information should not live in someone’s memory or on a post-it note that could easily be overlooked. It is best practice to create a simple, secure tracking document of these preferences.

Good communication protocols ensure people receive information in a way that is timely, accessible, respectful, and appropriate, while protecting sensitive information.

It is knowing who needs what, how they need it, when they need it, and what adjustments are required to make it work. Because in an investigation, communication is not an administrative detail. It is part of the process itself.

To easily put these best practices into action, check out Case Tracker, our case management software that lets parties access and customize their communication preferences that sync automatically to case files alongside your policies and procedures. Or, Book a Demo to see for yourself.