
What
to Look for When Hiring a Private Investigator Legal
Issues in Collegiate Athletics
Stephen M.
Ackerman
January 2000 |
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When
Palm Beach Community College announced it would begin conducting
investigations of its faculty, it was like closing the barn door after
the horse had been stolen.
The announcement followed revelations that a horticultural
professor liked on his application when he failed to disclose he had
been convicted of child molestation in Illinois in 1986 and was
sentenced to six years in a state prison.
Even worse, the professor’s past history emerged as he was to
be honored with the college’s teacher of the year award.
Finally, the professor, a former Catholic priest, was part of
the college’s
“Dual Enrollment Program,” which meant that he taught at
local high schools.
I need not dwell on the damage to the school’s reputation
following this incident.
However, even the most basic check on Walter M. Weerts’
criminal history would have revealed the charge and subsequent
conviction.
This is just one example of the importance and usefulness of a
background investigation, and how it can make and educational
institution feel more secure regarding the honesty and integrity of
the individual being considered for employment.
A background investigation provides an objective assessment of
the individual’s reputation, as well as criminal, civil, financial,
employment, and other histories.
It also provides an organization with the ability to learn
embarrassing facts about a job applicant before making a hiring
decision.
Before discussing what to look for in a private investigator,
it is important to be clear exactly what encompasses a background
investigation.
The investigation should include the individual’s employment
background; civil and criminal history (including pending litigation);
a financial snapshot that covers collections, judgments, and
bankruptcies; and the individual’s personal history, accompanied by
an assessment of reputation and character.
In short, it is a dossier of an individual that should provide
the client with the necessary information to make an informed hiring
decision.
In considering the above, it is important to look for certain
capabilities and approaches in a private investigator.
Specifically, the investigator should meet the following three
criteria.
A good investigator should have access to a database with
state, national, and international capabilities that includes
identification, driving, civil and criminal (including bankruptcies
and judgments), and property (including liens) records.
Such a database should compliment publicly available
information and the internet.
This information not only provides the investigator with a
preliminary sense of the individual that is based on accurate
information, but it also raises potential red flags or trouble spots
that may require further investigation.
The client should ask about such capabilities, with the
objective of seeing how clearly the investigator links specific
information assets to the client’s specific requirements.
Also critical is access to human sources to fill intelligence
gaps.
Real people answer question that analysis, which can only infer
the logical next step, cannot.
For a background investigation, a good investigator would not
only use names found in the preliminary search to conduct targeted
covert collection of information but would develop and investigate
names not listed for interviews and other inquiries.
These carefully selected individuals should provide accurate
and objective answers to the client’s requirements.
They should also be the most effective choices to answer
questions related to the potential trouble spots found in the
analysis, and to discuss areas the client wants additional emphasis.
The investigator should additionally have the ability to apply
targeted human intelligence collection means using appropriate covers.
Because many private investigators are former law enforcement
officials, they are used to being able to obtain information through
the sheer force of the badge.
For the intelligence officer, no such support mechanism exists.
Thus, what law enforcement does through intimidation,
intelligence officers do through cover and subtlety.
Employing cover has the advantage of putting the interviewee at
ease, thus making him/her more comfortable to provide information.
Additionally, the subject does not have to know the true reason
for the inquiry.
This deflects suspicion from the real purpose of the
investigation.
Such an approach helps to ensure the client receives accurate,
objective information from knowledgeable sources.
The client should be prepared to turn over all documentation to
the investigator.
The client should also expect complete confidentiality from the
investigator.
Finally, the client should have the investigator work through
his/her attorney.
This lets the attorney keep the investigator’s role under
wraps, and controls dissemination of the findings.
With the potential for damage to a school’s reputation upon
learning of a faculty member’s past, not to mention the danger of
incurring a lawsuit, it is wiser and easier for a school to know about
past problems before making a hiring decision.
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