Defining Prompt: 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 Prompt, the second of three critical requirements of a workplace investigation.

 Prompt – “Done without delay.”  Promptness is one of the three critical requirements of a workplace investigation.  Conducting a prompt investigation is important for many reasons.  Over time, memories fade.  If the delay is long enough, this can become a fairness or due process issue for the Respondent, whose ability to intelligently respond to the allegations may be far more limited with the passage of time.  As the clock continues to tick, documentary evidence may be destroyed or lost due to routine destruction of documents or overwriting of saved data, and witnesses may leave the organization and become unavailable.  The longer an investigation takes, the more potential questions can arise about its integrity.  As time goes on, there is more potential for information to leak, rumors to spread, parties to exert influence on witnesses, and for witnesses to be influenced by intervening events or information.    Every day that goes by is another day that a Complainant’s complaint goes unresolved, a Respondent wonders about their future employment prospects, and outsiders spread speculation about what is “really” going on in the investigation.  A prompt investigation helps avoid these questions and other unnecessary disruption to the workplace.

 A prompt investigation is not necessarily one that begins and ends as quickly as possible, especially at the cost of thoroughness and impartiality.  Rather, a prompt investigation is one that is commenced and completed within a reasonable time in light of all the relevant factors.  These factors include, among other things, the number and availability of witnesses, the number and complexity of the issues, necessary expansions in scope, and availability of and complexity of the evidence.  A prompt investigation is one that minimizes avoidable delays, such as excessive deliberation time in selecting an investigator or determining scope, delay in procuring documentary evidence, or delay in making parties and witnesses available to the investigator.

Check out our previous Tool of the Trade Blog, where Carl defines Impartial. 

And stay tuned for our next edition where we feature the term Thorough, third of three critical requirements of a workplace investigation.