Focus on understanding bias when conducting internal investigations.
Explore ways to identify potential bias issues and manage them.
The Practice of Learning
Emphasis on continuous reflection on key learnings to be developed and used in investigations.
Professor Brecker discusses individual competencies relevant to:
- Concluding the investigation.
- Determining outcomes.
- Implementing outcomes.
- Evaluating the process.
Importance of transferring and applying knowledge, skills, and insights gained during the course.
Internal Investigation Process Overview
The internal investigation process comprises six components when investigating serious policy violations:
1. Identifying the complaint: Capturing information about issues.
2. Investigating to gather information: Collecting data on the issues.
3. Concluding the investigation: Finalizing findings based on gathered data.
4. Determining outcomes: Deciding appropriate actions based on findings.
5. Implementing outcomes: Acting on the decisions made.
6. Evaluating the process: Assessing the investigation and applying lessons learned for future inquiries.
Continuous evaluation occurs throughout the investigation, enhancing fairness and thoroughness.
Tools and Frameworks for Investigators
A guiding tool helps navigate each step of the investigation process, promoting:
- Structuring and focusing the investigation.
- Fairness and compliance.
Importance of structuring investigations with clear goals and actionable steps.
Morgan Case Study Insights
The Morgan case study serves as a practical illustration for key learnings related to the internal investigation components.
Component 1: Identify the complaint by conducting an intake interview to capture relevant issues, specifically related to a project with Jesse.
Component 2: Investigate issues:
- Identified three critical issues:
- Jesse's email containing the word "useless."
- Jesse's comment "grow up."
- Jesse's remark "you're acting like my 12-year-old."
Methodology applied includes:
- Planning, structuring, and conducting interviews using investigative questions to gather comprehensive information.
- Employing the “loop” technique to assess the information gathered from each source until sufficient information is confirmed or disputed.
- Utilizing a spreadsheet to organize findings and streamline investigations.
Understanding Bias in Investigations
Professor Brecker describes the significance of recognizing bias while conducting investigations:
- Stereotyping: A thought process characterized by category-based behaviors, which can be both positive and negative. It helps identify strengths and weaknesses, but may not represent individuals accurately.
- Bias: Defined as strong feelings for or against something, leading to distorted understanding of information. Can be either conscious or unconscious.
- Prejudice: An emotional or evaluative thought process that typically results in negative attitudes. Differentiated from discrimination, which pertains to unfair treatment based on protected classes.
- Discrimination: The different treatment of individuals, considered illegal in the workplace based on non-business-related decisions linked to race, gender, etc.
Biases can be either consciously recognized or unconscious, complicating the judicial integrity of investigations.
The Ladder of Inference
A tool used to understand biases and the thought processes during investigations:
1. All Data: Begin with complete and relevant data.
2. Select Data: Relevant data are chosen based on influences such as individual experiences and unconscious biases.
3. Make Assumptions: Draw assumptions based on selected data.
4. Reach Conclusions: Conclusions may arise without considering all relevant data.
5. Take Action: Actions taken may be inappropriate, rooted in distorted conclusions.
Investigators should constantly challenge their selection of data and assumptions to ensure comprehensive evaluations of all information.
Identifying and Managing Investigators' Biases
Key questions when identifying and managing biases include:
- How do I identify my biases?
- Why am I acting this way?
- What are the reasons for my assumptions?
Investigators are encouraged to explain their decision-making processes and remain open to exploring alternate motivations behind actions.
Working with a thought partner:
- A thought partner should be someone without vested interests in the investigation, ensuring confidentiality.
- They will help challenge biases and assumptions during the investigation process.
- Engaging with professionals skilled in diversity, equity, and inclusion can enhance understanding of bias.
Reflection on the Morgan Case Study
Investigators should reflect on any biases impacting their judgment during the Morgan case study:
- Identify a specific bias that the investigator may hold.
- Consider how assumptions, conclusions, and actions can hinder the comprehensive review of relevant data.
Debrief on Assumptions and Biases
Review potential biases that surfaced in the investigation of the Morgan case study:
- Example bias: Morgan being perceived as overreactive.
- The investigator's judgments might rely on past experiences with employees in new roles.
Understanding two opposing reactions toward Jesse's admission of her statements ("grow up" vs. the other statements) as examples of unconscious bias.
Investigators must continually question their assumptions and seek factual information to avoid basing conclusions solely on biases.
Module Wrap Up
This module reviewed the importance of acknowledging unconscious bias and strategies for identifying and managing biases throughout the investigation process. Continuous learning and applying these principles are essential for improving the fairness of investigations.