Loading...
Loading...
Reference #
Loading...
Back to Blog OCC Insights

Investigation Best Practices: How OCC Conducts Rigorous, Fair Investigations

By James Morrison, Chief Investigator investigation procedures, best practices, institutional investigation, evidence gathering, investigative standards
Professional investigation procedures ensure fair and accurate findings

The Foundation of Credible Investigations

An investigation is only as good as its procedures. Proper procedures ensure:

  • Fair treatment of all parties
  • Accurate findings based on evidence
  • Protection of witnesses
  • Credible conclusions
  • Defensible outcomes

Poor procedures lead to wrong conclusions, unfair treatment, and invalid findings.

OCC investigations are designed to be rigorous, fair, and credible.

Core Investigation Principles

Impartiality

Investigators must be impartial and unbiased. Investigators can’t have personal interest in the outcome. Investigators must follow evidence, not predisposition.

Confidentiality

Investigation information must be kept confidential to protect:

  • Witnesses who might face retaliation
  • Subjects whose reputation might be harmed
  • Evidence that might be compromised
  • The investigation process itself

Due Process

Subjects of investigation must be:

  • Informed of allegations
  • Given opportunity to respond
  • Allowed to present their side
  • Protected from unfair procedures
  • Treated with respect

Evidence-Based

Conclusions must be based on evidence:

  • Admissible evidence
  • Credible evidence
  • Sufficient evidence
  • Corroborated evidence
  • Physical evidence preferred over statements

Thoroughness

Investigations must:

  • Examine all relevant facts
  • Interview all relevant witnesses
  • Obtain all relevant documents
  • Follow leads to conclusion
  • Not stop prematurely

Timeliness

Investigations must:

  • Begin promptly
  • Proceed diligently
  • Be completed reasonably quickly
  • Not delay findings indefinitely
  • Respect parties’ need for resolution

Investigation Procedures

Phase 1: Intake and Assessment

Initial Complaint:

  • Complaint is received from any source
  • Complaint is documented in detail
  • Preliminary information is gathered
  • Initial assessment of credibility occurs

Threshold Assessment:

  • Is the complaint within OCC jurisdiction?
  • Does the complaint allege a violation OCC investigates?
  • Is there sufficient information to proceed?
  • Is the complaint credible on its face?

Decision to Investigate:

  • Case manager reviews preliminary information
  • Determination is made whether to open investigation
  • Timeline for investigation is established
  • Investigator is assigned

Phase 2: Preparation

Evidence Planning:

  • Investigator identifies what evidence is needed
  • Investigator identifies potential witnesses
  • Investigator identifies relevant documents
  • Investigation plan is created

Information Gathering:

  • Public records are obtained
  • Document requests are made
  • Initial interviews are scheduled
  • Background information is compiled

Phase 3: Initial Investigation

Witness Identification:

  • All potential witnesses are identified
  • Victims are interviewed
  • Witnesses are interviewed
  • Subjects are identified

Preliminary Interviews:

  • Initial interviews are conducted
  • Witness credibility is assessed
  • Information is cross-checked
  • Inconsistencies are noted

Document Collection:

  • All relevant documents are obtained
  • Documents are organized and reviewed
  • Key documents are highlighted
  • Chronology is established

Phase 4: Core Investigation

Subject Interview:

  • Subject is formally notified of allegations
  • Subject is given opportunity to respond
  • Subject is interviewed formally
  • Subject’s explanation is documented
  • Subject’s evidence is obtained

Witness Interviews:

  • Detailed interviews are conducted
  • Witnesses are asked specific questions
  • Prior statements are verified
  • Contradictions are explored
  • Additional information is developed

Evidence Analysis:

  • Physical evidence is analyzed
  • Documentary evidence is reviewed
  • Timeline is established
  • Inconsistencies are examined
  • Evidence is corroborated

Expert Review:

  • Specialists review complex issues
  • Technical experts analyze technical evidence
  • Medical experts review medical issues
  • Legal experts address legal questions

Phase 5: Follow-Up Investigation

Inconsistency Resolution:

  • Contradictions between witnesses are explored
  • Explanations are sought
  • Evidence is reexamined
  • Questions are clarified

Gap Filling:

  • Additional witnesses are interviewed
  • Missing evidence is located
  • Incomplete information is completed
  • Timeline gaps are filled

Verification:

  • Key facts are independently verified
  • Claims are checked
  • Documentary evidence is validated
  • Witness accounts are corroborated

Phase 6: Analysis and Findings

Evidence Assessment:

  • Evidence is evaluated for credibility
  • Evidence is assessed for reliability
  • Contradictions are analyzed
  • Weight is assigned to evidence

Finding Determination:

  • Sufficient evidence for a finding is required
  • Standard is “preponderance of evidence” or higher
  • Finding must be supported by evidence
  • Alternative explanations are ruled out

Conclusion Development:

  • Conclusions are drawn from evidence
  • Findings are documented
  • Reasoning is explained
  • Recommendations are developed

Phase 7: Due Process

Subject Notification:

  • Subject is informed of findings
  • Subject is given opportunity to respond
  • Subject can provide additional evidence
  • Subject can appeal findings

Credibility Assessment:

  • All parties’ credibility is assessed
  • Bias is considered
  • Incentives are examined
  • Corroboration is required

Final Determination:

  • All responses are considered
  • Final determination is made
  • If subject appeal is valid, finding is revised
  • Final decision is documented

Phase 8: Reporting and Resolution

Investigation Report:

  • Comprehensive report is prepared
  • Facts are documented
  • Evidence is summarized
  • Findings are stated
  • Recommendations are made

Notice to Parties:

  • Findings are communicated
  • Next steps are explained
  • Appeal rights are described
  • Implementation timeline is provided

Implementation:

  • Corrective actions are ordered
  • Timeline for compliance is set
  • Follow-up is scheduled
  • Compliance is monitored

Investigation Standards

Witness Interview Standards

Preparation:

  • Investigator is prepared for interview
  • Investigator knows relevant facts
  • Questions are prepared
  • Interview location is appropriate

Conduct:

  • Interview is conducted respectfully
  • Witness is made comfortable
  • Witness is allowed to tell their story
  • Investigator listens without interruption
  • Follow-up questions are asked
  • Credibility indicators are noted

Documentation:

  • Interview is documented in writing
  • Direct quotes are used when possible
  • Interview is recorded when possible
  • Witness confirms accuracy
  • Interview is signed by witness when appropriate

Evidence Standards

Collection:

  • Evidence is collected properly
  • Evidence is not contaminated
  • Chain of custody is maintained
  • Evidence is preserved
  • Evidence is appropriately stored

Handling:

  • Investigators wear gloves for physical evidence
  • Evidence is handled minimally
  • Evidence is protected from contamination
  • Evidence is logged immediately
  • Evidence location is documented

Storage:

  • Evidence is stored securely
  • Evidence is protected from degradation
  • Evidence is accessible for review
  • Evidence is maintained throughout investigation
  • Evidence is preserved for outside review

Document Standards

Authenticity:

  • Documents are verified as authentic
  • Original documents are obtained when possible
  • Photocopies are certified as accurate
  • Electronic documents are verified
  • Document origin is established

Completeness:

  • Full documents are obtained
  • Pages aren’t missing
  • Content isn’t altered
  • Documents are legible
  • Complete records are obtained

Organization:

  • Documents are organized chronologically
  • Documents are organized by topic
  • Documents are indexed
  • Documents are easily retrievable
  • Key documents are highlighted

Common Investigation Errors to Avoid

Tunnel Vision

  • Investigator becomes convinced too early
  • Investigator ignores contradicting evidence
  • Investigator doesn’t explore alternatives
  • Investigation becomes one-sided

Prevention: Actively seek disconfirming evidence. Consider alternative explanations.

Confirmation Bias

  • Investigator interprets evidence to fit predetermined conclusion
  • Investigator emphasizes supporting evidence
  • Investigator minimizes contradicting evidence
  • Investigation is biased from start

Prevention: Document all evidence without interpretation first.

Leading Questions

  • Investigator suggests answers in questions
  • Investigator indicates desired response
  • Witness agreement is forced
  • Testimony is tainted

Prevention: Ask open-ended questions. Let witness provide information.

Inadequate Documentation

  • Investigation details aren’t recorded
  • Decisions aren’t justified
  • Reasoning isn’t documented
  • Investigation can’t be reviewed

Prevention: Document everything in real time.

Inadequate Investigation

  • Investigation is stopped prematurely
  • Witnesses aren’t interviewed
  • Evidence isn’t collected
  • Investigation is incomplete

Prevention: Complete investigation plan is executed.

Improper Procedure

  • Procedures aren’t followed
  • Shortcuts are taken
  • Due process is skipped
  • Investigation is unfair

Prevention: Procedures are strictly followed.

Investigation Quality Control

Internal Review

  • Completed investigations are reviewed by supervisor
  • Quality is assessed
  • Findings are validated
  • Recommendations are evaluated

Evidentiary Standard

  • Evidence is evaluated by objective standard
  • Findings require sufficient evidence
  • Alternative explanations are considered
  • Burden of proof is met

Appeal Rights

  • Subjects can appeal findings
  • Appellate review is independent
  • Appellate review is thorough
  • Appeals are decided fairly

Transparency

  • Process is documented
  • Decisions are explained
  • Reports are detailed
  • Reasoning is clear

Investigation Timeline

Intake to Decision: 30-60 days for typical cases Complex Cases: May require 90-180 days Urgent Cases: May be expedited Follow-Up: May continue after initial resolution

Investigation Costs

Most investigations by OCC are at no cost to complainants. Investigations are funded by OCC’s mandate to investigate institutional conduct.

Some investigations may require expert analysis or specialized testing. OCC discusses costs with parties when applicable.

Confidentiality in Investigations

Information Protected

  • Witness identities (except final report)
  • Investigation details
  • Evidence locations
  • Interview notes
  • Preliminary findings

Information Disclosed

  • Final findings
  • Supporting evidence
  • Subject’s right to respond
  • Public summary if appropriate

Exceptions

  • Court orders for evidence
  • Criminal investigations
  • Law enforcement requests
  • Mandatory reporting requirements

For Complainants: What to Expect

Initial Contact

  • OCC acknowledges complaint
  • OCC explains process
  • OCC establishes timeline
  • Complainant can ask questions

Investigation Process

  • Complainant is interviewed
  • Complainant provides evidence
  • Complainant is kept informed
  • Complainant receives updates

Findings

  • Complainant is informed of findings
  • Findings are explained
  • Remedies are described
  • Next steps are outlined

Appeal

  • If dissatisfied, complainant can appeal
  • Appeal process is explained
  • Appeal is heard by different reviewer
  • Appeal decision is final

For Subjects: What to Expect

Notification

  • Subject is notified of complaint
  • Allegations are described
  • Subject is given opportunity to respond
  • Timeline is provided

Investigation

  • Subject is interviewed
  • Subject can provide evidence
  • Subject can provide witnesses
  • Subject is treated fairly

Due Process

  • Subject can respond to findings
  • Subject can appeal findings
  • Subject has right to counsel
  • Subject is treated with respect

Outcome

  • Findings are communicated
  • Reasoning is explained
  • Remedies or discipline is described
  • Appeal rights are explained

The Importance of Proper Investigation

Proper investigations:

  • Find the truth
  • Protect the innocent
  • Hold the guilty accountable
  • Maintain credibility
  • Build public confidence
  • Enable correction
  • Prevent recurrence

The Bottom Line

Investigations are the foundation of accountability. Proper investigations are rigorous, fair, and evidence-based. They find truth and enable justice.

OCC investigations follow these principles to ensure that findings are credible, fair, and just.

Because accountability depends on proper investigation.

That’s what justice demands.

About the Author

James Morrison, Chief Investigator

Contributing to OCC's mission of transparency and accountability.

Related Articles

OCC Insights

How OCC's Track Record Influences Appellate Court Decisions

Discover how appellate courts cite OCC findings to establish compliance standards and shape institutional accountability across the legal system.

Read More
OCC Insights

Why Institutional Leaders Should Welcome OCC Oversight

Discover how forward-thinking institutional leaders view OCC oversight as an opportunity for improvement, not a threat—and why resistance costs more than cooperation.

Read More
OCC Insights

Know Your Rights: What to Expect During an OCC Investigation

A comprehensive guide to your rights as a detainee, witness, or staff member during an OCC investigation of your institution.

Read More

Ready to Report a Compliance Issue?

OCC is here to investigate and help maintain accountability across organizations.

Submit a Report