Defining Impartial: A VM Tool of the Trade Blog
This new series from VM gives you insight into the terms and concepts of neutral investigations.
In this edition, we focus on the term Impartial, one of the three critical requirements of a workplace investigation.
Impartial – “Treating all rivals or disputants equally; fair and just.” Impartiality is one of the three critical requirements of a workplace investigation. Impartiality requires that the investigator has no stake or interest in the findings or outcome of an investigation. An impartial investigator is one who bases their findings on inferences drawn from the evidence and not upon unsubstantiated allegation, rumor, or personal bias. This kind of impartiality is usually easiest to achieve through the use of an independent outside investigator who has no significant prior connection to the parties or witnesses. Internal investigators can also be impartial, but this usually requires that certain safeguards pertaining to organizational structure, investigatory process, and job security be implemented to ensure the internal investigator’s judgment is truly independent.
Impartiality also requires that all parties be given a fair opportunity to provide evidence and their perspective on the relevant issues. Impartiality requires that an investigator fairly consider that perspective alongside the other evidence. Good investigators demonstrate impartiality through their investigative processes. Great investigators demonstrate impartiality through their writing and investigative reports. Investigators can demonstrate impartiality in the investigative process by making reasoned determinations about whether to interview witnesses proffered by each of the parties based on the evidence the witness could potentially provide. An impartial process also requires investigators to consider all relevant sources of evidence, even if that evidence tends to make it more difficult to confidently reach findings due to conflicting inferences. A great investigator demonstrates impartiality in their writing by showing that they considered the evidence on either side in reaching their findings. Impartial writing requires honesty; investigators should acknowledge gaps in the record, evidence that tends to undermine their ultimate findings, and explain why they gave some evidence more weight than other evidence.
