Findings, the report, and what comes after
Step 1 / 4·The standard of proof: more likely than not
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Learning objectives — after this module you will:
- Apply the right standard of proof for an internal investigation
- Write an investigation report in six parts
- Complete every post-investigation step, including retaliation monitoring
The standard of proof: more likely than not
Know how much is enough to make a finding.
The question that stalls many investigators: 'how certain do I have to be?'. An internal corporate investigation does NOT use the criminal standard ('beyond reasonable doubt'). The working standard is the BALANCE OF PROBABILITIES: on all the information gathered, is it more likely than not that this happened.
Three possible findings — and don't dodge the finding
An investigation can conclude: (1) the allegation is upheld; (2) the allegation is not upheld; or (3) there is insufficient information to reach a finding. The third is legitimate, but only if you genuinely completed every step — using it to avoid responsibility is the fastest way to destroy confidence in the whole system.
Investigations establish FACTS, not sanctions
Keep the two separate: the investigator determines what happened; deciding which disciplinary measure applies belongs to whoever holds that authority. Mixing the roles destroys the objectivity of both.
Key takeaway: Internal investigations use the balance of probabilities, have three possible findings, and don't set the sanction.