One thing that investigators, employers, complainants, and respondents often fail to appreciate is that investigation reports are not proof of the alleged facts underlying the events. Instead, the facts must be proven in any hearing or trial. Voluminous reports with hundreds of documents appended are not determinative. They are, however, quite expensive in terms of investigators’ fees and fertile ground for cross-examination at trial. This is caused, in part, by taking an adversarial approach in a fact finding exercise.
How do you avoid a mis-step in a privately paid for process mandated by statute?