Higher Education Investigations
In cases of sexual misconduct, a school’s prompt, thorough and impartial investigation of facts is crucial; indeed, the failure to conduct a proper investigation may give rise to liability on the part of the institution. For this reason, many colleges and universities engage Kurker Paget LLC to formally investigate complaints of gender discrimination, including complaints of harassment and sexual misconduct. Engaging an external third-party investigator also allows a school to avoid conflicts of interest between the school’s administration, students, and faculty.
We are dedicated to the important work of conducting sensitive, thorough, unbiased, and prompt investigations for colleges and universities in New England and have conducted over 250 investigations, including scores of Title IX and gender discrimination investigations for higher education institutions. All Kurker Paget attorneys are approved by United Educators to conduct investigations for their insureds.
Conduct of Investigations
Allegations of sexual misconduct have the potential to profoundly impact a student or employee’s emotional health and future. At Kurker Paget, we are committed to helping schools navigate this complex process in a thoughtful and efficient manner. As part of our investigative process we will:
Consult with the administrator responsible for overseeing the school’s disciplinary process to understand the complaint and applicable policies. Oftentimes, we partner with student services personnel to conduct our investigations.
Ensure the parties have an equal opportunity to share information and request that witnesses be interviewed.
Conduct interviews in accordance with the highest standards of thoroughness, impartiality, and confidentiality, and in accordance with each school’s specific policies and practices. All individuals will also be treated with appropriate sensitivity and respect. Whenever feasible, we conduct in-person interviews with complainants, respondents, and other witnesses, although we are also adept at using an array of technologies to facilitate remote interviews.
Identify, collect, review, and preserve relevant documents including emails, text messages, social media posts, and surveillance footage.
Prepare a thorough report summarizing the relevant information collected during the investigation and make objective written findings or recommendations in accordance with the school’s policies.
Remote Investigations
As a reminder, misconduct allegations that arise while students and employees are learning and working remotely must be investigated. This means that educational institutions should be prepared to conduct investigations of the same quality and degree of thoroughness as investigations conducted at the institution’s physical location. At Kurker Paget, we are experienced at conducting remote investigations, and if needed, can help organizations modify their existing investigative protocols to better reflect evolving work and learning environments.