One very important decision for youth organizations at the start of any internal or independent investigation is which reports to keep confidential. An important part of that decision is knowing what “confidential” really means. It doesn’t help if people in the organization withhold only names while revealing other identifying information.
The first step in any investigation is to determine how much of it will be confidential and how much will be released to the public. Internal investigations by definition will be more confidential than independent investigations, with the latter presuming from the beginning that the public, or at least victims, will learn of the results. Whatever you decide, communicate the parameters clearly to everyone that you interview. hen stick with what you promise. Nothing will undermine confidence in your investigation faster than making promises that you don’t keep.
If the investigation culminates in a written report, it should reflect whatever confidentiality you promised. Some investigators use descriptors (“a second staff member”), while others use aliases (“Witness 1,” ”Witness 2,” etc.). The latter usually works better when you have a large number of witnesses.
In the body of the report, don’t give any unnecessary identifying information. For example, rather than saying, “a staff member in the department,” you could say “an employee who witnessed the conversation.” The important question is whether the staff member had first-hand knowledge, not which department they worked in. This rule is particularly important for independent investigations where the report will become public.
Finally, if the written report is not public, then be very careful who has access. It is very easy to lose control of documents, particularly email attachments. When I present the results of internal investigations, I prefer to give verbal reports with hard copies of the report that the Board or governing authority can review. At the end, I take up all of the copies so that we can keep control of them. If the client wants a copy for its records, I try to send them to its general counsel, so we can keep the information within the attorney-client privilege for added protection.
At every step of the way, remind all client representatives of their promise of confidentiality. Discuss what they can share consistent with those promises. Remind them of the necessary balance between transparency to stakeholders and confidentiality for witnesses. Discuss how they can find that balance, and be certain that everyone has agreed to the same rules of disclosure.
Internal or independent investigations are difficult to navigate, and it’s important that the end result instill confidence in stakeholders. Planning ahead for confidentiality, and following through on your promised, are an essential part of retaining your credibility