“Be Prepared to Communicate Part II”

1. Expect the Unexpected: Are We Clearly Prepared? “Be Prepared to Communicate Part II” Dean Benard, RN, LL.M (ADR) Benard + Associates Council on Licensure, Enforcement and Regulation 2006 Annual Conference Alexandria, Virginia

2. Today’s Objectives: • Interviewing the victim • The overzealous interviewee • The reluctant interviewee • Assessing credibility Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

3. In Our Dreams! Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

4. Closer to Our Reality Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

5. Deny Deny Deny Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

6. Interviewing Techniques • Human memory often requires assistance to retrieve details and facts • Provide some general information about the events • Careful not to lead the interviewee • Use documents that might assist in recollection Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

7. Interviewing Techniques • Allow the witness to tell her/his story in full then seek clarification or ask follow-up questions • This can be a challenge with some witnesses who require more prompting or assistance to stay on point Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

8. Interviewing Techniques • Be careful not to make notes too early in the interview • Maintain control of the interview but be subtle • If support person present • Explain ground rules – No commentary • Support person sits behind the witness Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

9. The Overzealous Interviewee Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

10. The Overzealous Interviewee Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

11. The Overzealous Interviewee What went wrong here? • The interviewer lost control • Allowed her emotions to come in • Alienated the interview subject • Failed to get the information she needed Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

12. The Overzealous Interviewee Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

13. The Overzealous Interviewee What went right here? • Maintained control of the interview • Guided the witness through prompting and positive comments • Maintained witness cooperation • Got and will get the information he needs Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

14. Interviewing Victims • If a support person is present • Explain ground rules – No commentary • Support person sits behind the interviewee • Ensure the comfort of the interviewee – cigarette, washroom, drink be respectful • Assure interviewee that he/she can ask questions and take breaks if needed • Acknowledge how difficult disclosure is Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

15. Interviewing Victims • Explain to the interviewee that there will be difficult questions • Explain how you will conduct the interview • Provide reasons for audio / videotape • Assure the interviewee that he/she may not remember everything and that’s okay Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

16. Interviewing Victims • Have the interviewee describe the incident(s) without interruption • Try to demonstrate active listening. Don’t keep your head down writing what they say that’s why you have a tape recorder • Write down notes to remind you of questions or points of clarification you require later on • Let the interviewee move at her/his pace Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

17. Interviewing Victims • Don’t be afraid to ask the difficult questions! • Ensure there is no doubt about what happened (e.g. sexual abuse allegation) • Slept together (what does this mean?) • What does the person mean by intercourse? • Sexual relations – What does this mean? could be anything depending on who you ask… Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

18. Interviewing a Victim Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

19. The Overzealous Witness What went wrong here? • Unprofessional • Rude • Callous • Came across as having disdain for the interviewee • Made the interviewee uncomfortable • Re-victimized the victim • The result – Les useful information Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

20. Interviewing a Victim Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

21. The Overzealous Witness What went right here? • Gave her time • Was non-judgmental • Was non-threatening • Focused on clarification to ensure he got the right information • Ensured the interviewee was as comfortable as possible Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

22. Interviewing Techniques Not all witnesses will be forthcoming with information • Answering questions with questions • Repeat the question as you originally asked it • Phrases like “that’s basically it” or “I guess that’s all I can remember” • Consider this an admission that he/she has more to tell – keep probing Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

23. Interviewing Techniques Not all witnesses will be forthcoming with information • Hypothetically structured phrases like “I would normally do this” is a signal of possible avoidance of providing a direct answer. • Remind him/her that you want to know what they did, not what they normally do Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

24. Interviewing Techniques Not all witnesses will be forthcoming with Information • Indignation about a question may signal deception e.g. “what kind of question is that”, “I wouldn't dignify that question with an answer” • Stay calm and repeat the question with an explanation why it must be asked Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

25. Interviewing Techniques Not all witnesses will be forthcoming with Information • Answers like “it’s hard to say” or “that’s a hard one to answer” indicates possible credibility issues later • Make note of this and keep probing. Consider asking why the question is so hard to answer Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

26. The Uncooperative Interviewee Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

27. The Uncooperative Interviewee What went wrong here? • Confrontational • Defensive • Met a bad attitude with the same bad attitude • Didn’t probe other things to get the interviewee talking • Angered an already less than cooperative witness • Didn’t get the information she needed Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

28. The Uncooperative Interviewee Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

29. The Uncooperative Interviewee What went right here? • Maintained control of his emotions • Shifted focus of discussion to less threatening issue • The behavior of the client • Sympathized with the interviewee • Pointed out conflicting information • Used silence effectively Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

30. The Uncooperative Interviewee • Shift questions to another person or topic to at least get them talking • Try to show some sympathy with the person’s situation • Point out things that are odd and ask them to comment • Use silence to apply pressure Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

31. Assessing Credibility “All credibility, all good conscience, all evidence of truth come only from the senses” -Friedrich Nietzsche- German Philosopher 1844-1900 Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

32. Assessing Credibility • Is the witness forthcoming with information or reluctant? • Does the witness seem too eager to provide information? • Can the information be corroborated by other witnesses or documentary evidence? • Does the witness stand up well to a challenge by the interviewer? Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

33. Kinesic Interviewing Techniques • Negation • Contact with head that covers the eyes nose mouth or ears • Aversion • Movement of the body away from the interviewer • Contradiction • Verbal and non verbal don’t match Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

34. Other Techniques • Ask the interviewee to repeat the story in reverse chronology • People can’t lie in reverse • Statement Analysis • Written statements can be analyzed for truth look for a “blip” sandwiched between long descriptions of less relevant information Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

35. Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

36. CREDITS • The College of Nurses of Ontario • Andrea Burck – Interviewee • Shelley Ledger – Bad Investigator • Luke LaRocque- Good Interviewer • Lynda Tyson - Lady wanting Salt • Sophia Stefou - Waitress Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia

37. Speaker Contact Information Dean Benard Benard + Associates 10 Duke Street Suite 300, Waterloo, Ontario, Canada Address Phone 1-888-733-2226, Fax 519-880-0722 dbenard@benardandassociates.com www.benardandassociates.com Presented at the 2006 CLEAR Annual Conference September 14-16 Alexandria, Virginia