EEOC’s MD-110 gives a basic description of an investigative summary. They say it is “a narrative document that succinctly states the issues and delineates the evidence addressing both sides of each issue in the case. The summary should state facts (supported in the complaint file) sufficient to sustain a conclusion(s). The summary should cite to evidence and the exhibits collected.”
This description provides the basic information that should be included in the summary, and each agency will have its own requirement as to format and style, but there are qualities that are common to exceptional investigative summaries. Let’s discuss the most notable:
Well-Written. It may seem obvious, but in our experience we have seen far too many summaries that are poorly written. Before you submit it, you should: review for typos; ensure it is grammatically correct; present evidence clearly and concisely; and include information on all the accepted claims and bases.
- Tells a Story. Don’t get us wrong, your investigative report is not going to be the next great American novel, but it should follow the basic premise of storytelling. Present the facts in a logical way. Begin with the complainant’s allegations, supporting evidence. Follow that with a summary of the RMO’s response, with supporting evidence. The reader should be able to easily follow what occurred.
- Provides Context. This is somewhat related to number 2, but it is often overlooked. Remember, no one reading the summary is going to be as familiar with the case as you. Consequently, sometimes investigators dive so deeply into the case that they forget to provide needed context in the summary. For example, they discuss witnesses without describing who they are and, more importantly, where they fit into the story. This is frustrating for the reader and will interfere with the reader’s ability to follow what happened. Investigator’s notes are an effective way to add context to the summary.
- Includes Evidence Related to All Accepted Bases and Claims. Another common oversight is to not address each of the claims and bases in the summary. This often occurs in multiple claims or hostile work environment allegations. It is very important to keep the letter of acceptance in the forefront as you are writing the summary so you ensure you have addressed everything.
- Reflects Your Neutral Role. You are not an adjudicator and this is not a final agency decision. An EEO investigation is an exercise in collecting all evidence related to the accepted claims – no matter what that evidence is. The report of investigation must be thorough and the summary should reflect a summary of that evidence in a manner that does not draw conclusions or judgments. The investigator is not an advocate for any of the parties or interests and should refrain from developing (or appearing to have) allegiances to them. If your summary fails to represent your neutral role, it will call into question the entire investigation. Sticking to the facts will greatly enhance you being viewed as a neutral fact-finder.
We know there is a plethora of other characteristics that exceptional investigative summaries share. We’d love to hear your thoughts!
Good ideas! Neutrality is critical to the investigation.