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Witness Credibility:Dream or Nightmare Terri Wellman LPN, NC Board of Nursing

Witness Credibility:Dream or Nightmare Terri Wellman LPN, NC Board of Nursing. Presented at the 2004 CLEAR Annual Conference September 30 – October 2 Kansas City, Missouri. Witness Credibility: Dream or Nightmare, A Board Members Perspective .

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Witness Credibility:Dream or Nightmare Terri Wellman LPN, NC Board of Nursing

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  1. Witness Credibility:Dream or NightmareTerri Wellman LPN, NC Board of Nursing Presented at the 2004 CLEAR Annual Conference September 30 – October 2 Kansas City, Missouri

  2. Witness Credibility: Dream or Nightmare, A Board Members Perspective Presented at the 2004 CLEAR Annual Conference September 30 – October 2 Kansas City, Missouri

  3. As a board member who listens to licensees or witnesses in both administrative hearings and licensure committee meetings, and in talking to those who serve on committees to determine licensee or witness credibility, accessing credibility can be either a dream or total nightmare. Presented at the 2004 CLEAR Annual Conference September 30 – October 2 Kansas City, Missouri

  4. What is witness or licensee credibility • The determining of how accurate or forthright the licensee or witness is with the facts, truth, and the ability to relay information in the case being heard. Presented at the 2004 CLEAR Annual Conference September 30 – October 2 Kansas City, Missouri

  5. Factors that help and assist in determining credibility • Board investigator who gathers the facts and presents an accurate record and case of fact. • Discipline and compliance departments that follow the licensee throughout the discipline process and presents facts in an organized summary Presented at the 2004 CLEAR Annual Conference September 30 – October 2 Kansas City, Missouri

  6. Hearing or committee members must pay full attention to all information presented both verbally and nonverbally, while not allowing their own emotions to show i.e., if a licensee begins to cry or tell a sad story it can create a snowball effect. Presented at the 2004 CLEAR Annual Conference September 30 – October 2 Kansas City, Missouri

  7. Useful terms for board members learning to ascertain witness credibility: Substantive Impeachment: • the contradiction, inconsistency and incoherence of what the witness is saying • EXAMPLE: 1) the licensee has had 6 drug screens. 4 pass, 2 fail due to being “dilute”. You ask the licensee why? Presented at the 2004 CLEAR Annual Conference September 30 – October 2 Kansas City, Missouri

  8. Licensee answers he/she not aware screen was “dilute”. You ask the licensee were you not instructed how to prevent a “dilute” screen ? Licensee answers NO. You have supporting documentation the licensee was instructed how to prevent a “dilute screen, yet the licensee maintains he/she was not told. • Licensee is going to AA/NA working the 12 step program yet can not accurately recite the step he/she working. Presented at the 2004 CLEAR Annual Conference September 30 – October 2 Kansas City, Missouri

  9. Motivational Impeachment: (bias and character) this is where the licensee feels all others are against him or her, or that he/she is being targeted or “set-up”. The licensee truly feels he/she did nothing wrong even when the evidence and facts are different. • Behavioral Impeachment: (persons “demeanor”) This behavior involves body language and is comprised of three non verbal cues: Face, Body and Voice. Presented at the 2004 CLEAR Annual Conference September 30 – October 2 Kansas City, Missouri

  10. Three Nonverbal Cues Face Body Language Voice Presented at the 2004 CLEAR Annual Conference September 30 – October 2 Kansas City, Missouri

  11. Why is witness credibility from a board member perspective important? Mandate of the north Carolina board of nursing is to protect the public,therefore it is extremely important that each member of the regulatory board, look and listen to not only the facts of the case being heard, but also the licensee or witnesses behavior and body language. Presented at the 2004 CLEAR Annual Conference September 30 – October 2 Kansas City, Missouri

  12. It is important to remember that the licensee or witness may be very nervous, due to being the center of attention and may or may not have an attorney present to help coach them thru the process. Presented at the 2004 CLEAR Annual Conference September 30 – October 2 Kansas City, Missouri

  13. Does this look Like someone you Have seen before? Nervous Ned Presented at the 2004 CLEAR Annual Conference September 30 – October 2 Kansas City, Missouri

  14. Vocal Credibility Characteristics: • Volume – maintains same Level. • Pitch – maintains same tone - is relaxed. • Rate – talks with a steady speed. • Gives aura of self-confidence with effective communication ( words flow with ease). • Given a situational question can answer fluently without hesitation. Presented at the 2004 CLEAR Annual Conference September 30 – October 2 Kansas City, Missouri

  15. Perceived Credibility Gap: • Hedging – using words such as • Pitch inconsistency – high pitch one minute then very soft and hard to hear or understand. • Slow to answer questions as if unsure of self. • Wanders off topic, evasive, unable to answer situational questions. “sort of “ “I think “ “um” “well” “uh” Presented at the 2004 CLEAR Annual Conference September 30 – October 2 Kansas City, Missouri

  16. Body and Face Credibility: • Appearance – the witness or licensee is dressed neatly and appropriately. • Makes good eye contact with the board members or persons asking the question. • Sits with open upright posture • Presents him or herself as confident • No fidgeting • Pleasant facial expressions. Presented at the 2004 CLEAR Annual Conference September 30 – October 2 Kansas City, Missouri

  17. Perceived Credibility Gap: • Inappropriately dressed – shorts, jeans,untidy appearance unkempt • Wrings hands • Fidgets • Lack of facial expression – emotional flatness. • Poor eye contact – unable to look at board members, looks at the floor or at the table. Presented at the 2004 CLEAR Annual Conference September 30 – October 2 Kansas City, Missouri

  18. Rigid posture or frequent postural shifts. • Rapid foot/leg movements or nail tapping. Poor eye contact Wrings hands Posture Presented at the 2004 CLEAR Annual Conference September 30 – October 2 Kansas City, Missouri

  19. Other Factors: • Are there friends, family, support persons acting as a support system with the licensee or witness? If so observe their nonverbal and verbal cues also. • Do they act surprised by what or how a licensee or witness answers questions? • Can they provide for the licensee or witness consistent and collabative information? • Are the support persons dressed appropriately for the meeting? Presented at the 2004 CLEAR Annual Conference September 30 – October 2 Kansas City, Missouri

  20. Examples: Person still using alcohol or drugs: • Will usually fail one or more drug screens related to being “dilute” or “positive” • Makes excuses for not attending AA/NA meetings • Does not have a sound support system. Presented at the 2004 CLEAR Annual Conference September 30 – October 2 Kansas City, Missouri

  21. Is unable to throw away old prescription meds or uses someone else’s medication and thinks it does not matter. • Fails to notify ALL MD’s, including dentists, of their drug problem. • Wears sunglasses inside during the meeting. • Wants to know how soon he/she will be able to handle the narcotic keys. • Is unsure how to handle themselves on a stressful day Presented at the 2004 CLEAR Annual Conference September 30 – October 2 Kansas City, Missouri

  22. Once all issues of credibility are considered – may still have a problem that all Board members are not in agreement. • Board members must then rethink and talk over what was seen and heard. • Board members must carefully evaluate the information presented and responses in light of their obligation to ensure safe and competent practice. Presented at the 2004 CLEAR Annual Conference September 30 – October 2 Kansas City, Missouri

  23. As a board member who sits on Licensure Committee meetings, I keep first and foremost in my mind, is this licensee safe to return to nursing practice and would I want him/her to take care of me or my family member. Presented at the 2004 CLEAR Annual Conference September 30 – October 2 Kansas City, Missouri

  24. Garfinkle, Marc D. The Hip-Pocket Guide to Testifying in Court. www.njlawnet.com • Smith, Lindsley Juror Assessment of Veracity, Deception, and Credibility www.uark.edu.org • Varinsky, Howard Non-Verbal Communication Enhances Witness Credibility, May 1992 www.varinsky.com Presented at the 2004 CLEAR Annual Conference September 30 – October 2 Kansas City, Missouri

  25. Terri Wellman, LPN, CCHP • North Carolina Board of Nursing • P. O. Box 2129 Raleigh NC 27602 • 919-782-3211 • Fax 919-781-9641 • nanaterri@hotmail.com • www.ncbon.com Presented at the 2004 CLEAR Annual Conference September 30 – October 2 Kansas City, Missouri

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