External Investigation Services from TNG

Schools, colleges, and universities frequently use the services of external investigators today. Independent investigators facilitate professional and unbiased results that are free from conflicts-of-interest.

TNG’s team of 15 investigators has been carefully selected from the top investigators in the field and has been trained by the foremost leaders of the field. All are ATIXA-certified investigators. Our firm has performed more than 1,000 school and college sexual misconduct and other civil rights investigations, giving our investigators deep and broad experience in all forms of discrimination allegations.

Here are ten key advantages of the TNG external investigation service:

  • Diverse pool of culturally-sensitive, trauma-trained investigators
  • Deep familiarity with school/college culture and environments
  • Professionals based in CA, TN, PA, FL, OH, TX, CO, VA, MO, and IL, giving broad geographic coverage
  • Most investigators are attorneys, satisfying state licensure requirements
  • Adept at working with varied systems and procedures, and able to get up-to-speed quickly on your preferred approaches and practices
  • All TNG investigators teach and supervise investigations, in addition to performing them
  • Three layers of internal checks and balances for all TNG investigations
  • Experience in all forms of civil rights cases, including race, age, disability, national origin, sex, gender identity/expression, etc.
  • TNG investigations have withstood scrutiny by the press, the courts, and OCR
  • TNG stands by its work product, and its clients, co-defending claims in federal court if necessary (link to Dayton decision)

By design, all of our investigators are former school or campus-based Title IX coordinators and investigators, almost all of whom are also attorneys. Many attorneys in private practice don’t have our investigators’ knowledge of school and campus culture, on-the-ground logistics, student interaction know-how, sensitivity to campus politics, and understanding of the current legal climate.

These qualities position our investigators to deliver the best investigation support possible to our clients. Our interview practices are thorough, our reports are comprehensive, our analysis is finely honed, and our work product is delivered promptly. We manage high-profile, scandalous, and complex allegations professionally and expertly. Your toughest case is something we take on every day.

With cooperative agreements between TNG and many large investigation firms throughout the nation, we can find investigators in any locale, and deploy dozens of ATIXA-certified investigators on short notice. No situation is too big, and our specialty is the kind of high-profile case that could be a crisis for our clients if not handled well.

We have six different investigation services to meet your needs and can handle investigations of all sizes and complexity with the highest level of expedience, professionalism, and organization.


1. Civil Rights and External Investigations

2. Title IX/Civil Rights Investigator Mentorship Service

3. OCR Complaint Closure

4. Forensic Investigation Review

5. Attorney-as-Investigator Certification from TNG

6. Final-Eyes - Off-Site Investigation Support & Review


EXPLORE ALL TNG-I OPTIONS

Civil Rights and External Investigations

Are you too close to the situation? Might there be a conflict of interest at hand? Are you short-handed internally, need a deeper bench, or do you need us to pair up with your internal investigators? Facing a political hot potato or do you just feel better using external, fully objective, highly-skilled investigators? Suspect wrongdoing by your own people or a cover-up? These are our specialties. With TNG-i, our skilled investigators will visit your campus or school to perform the investigation and deliver a professional, polished, well-constructed final report using your policies and procedures.

TNG can deploy up to 15 of our own trained civil rights investigators, as needed, and dozens more through our cooperative agreements with other firms that we have trained throughout the US. On most cases, we generally work in teams of two to provide investigations that meet the legal standards for being thorough, reliable, prompt, equitable, fair and impartial. We can also pair up one of our investigators with one of your internal investigators or create several sets of such teams.

TNG-i is able serve your needs on an hourly basis or provide investigations with capped or flat fees, and we can offer contracts for a pre-determined number of investigations each semester or year. With our flexible TNG-i service, you tell us what kind of investigation you need. You can opt for fact-gathering only, for fact-gathering and a recommended finding, or we can render a finding and recommend sanctions, responsive actions and/or remedial actions (typically for private institutions).

TNG is adept at trauma-informed approaches of all kinds, at finding expert sources of evidence as needed, and in deploying technologically-advanced investigation techniques. Can’t recover a text? We can. Unable to see video clearly? We can enhance it. Can’t identify a cloaked cell phone number? We can unmask it.

Call us for investigations involving:

  • Fraud, cover-up, and high-level employee misconduct
  • Sexual Harassment
  • Sexual Violence
  • LGBTQia Discrimination
  • Stalking
  • Intimate Partner Violence
  • Race Discrimination
  • National Origin/Ethnicity/Religion Discrimination
  • Age Discrimination
  • Disability Discrimination

As the authors of The ATIXA Playbook and the ATIXA Investigation in a Box Kit, we’ve literally written the industry-leading books on how to do investigations right. In recent litigation around an issue of a student’s polygraph results, the 6th Circuit Court of Appeals stated that TNG investigator Daniel’s Swinton’s investigation and treatment of the polygraph were more thorough and protective than the rights the student would have had in federal court. We’ve been tested in the field, tested in court, and we’re ready for your toughest cases.

For more information, contact Kate Halligan, Vice President for Client Relations, at (610) 579-3725.


Title IX/Civil Rights Investigator Mentorship Service

We’re all looking to increase the professionalism and competence of our campus investigators. TNG-i has developed a professional mentoring service for your investigators to help take them to the next level. The mentorship is a collaboration where an expert TNG investigator works with your campus investigator(s) to conduct an investigation. Rather than doing the investigation for you, the TNG investigator’s role is to model techniques, shadow your investigators, provide feedback, and offer coaching to bring their skills to the next level. A written report of strengths/weaknesses and future training priorities can be provided after the investigation/mentorship. Often, seeing how an expert investigator performs their function can help to cement key skills investigators need to acquire, whether it be in questioning, analysis, report writing, or other areas of professional competence. Let us coach your investigators to success on your next tough case!

For more information, contact Kate Halligan, Vice President of Client Relations, at (610) 579-3725.


OCR Complaint Closure

Has OCR just notified your campus or school that it is opening a complaint for a Title IX or 504 violation? If so, do you know that you can petition OCR to close its investigation if you can demonstrate that your campus has already resolved the complaint internally? The TNG team will come in to advise and help position you for a successful complaint closure, by showing that your process was fully complaint with OCR’s Case Resolution requirements. OCR is swimming in a sea of complaints these days. Perhaps they’ll be willing to clear yours off their desks if the matter has already been addressed in compliance with the law. Here’s an excerpt from OCR’s case processing manual about how this process works:

OCR will close a complaint for the following reasons:

  • The same complaint allegations have been filed by the complainant against the same recipient with another federal, state, or local civil rights enforcement agency or through a recipient’s internal grievance procedures, including due process proceedingsand
    • for pending complaint allegations, OCR anticipates that there will be a comparable resolution process under comparable legal standards; i.e. all allegations will be investigated, appropriate legal standards will be applied, and any remedies secured will meet OCR’s standards. OCR will advise the complainant that she or he may re-file within 60 days of the completion of the other entity’s action. Generally, OCR will not conduct its own investigation; instead, OCR reviews the results of the other entity’s determination and determines whether the other entity provided a comparable process and met appropriate legal standards.

For more information, contact Kate Halligan, Vice President of Client Relations, at (610) 579-3725.


Forensic Investigation Review

Did your previous internal or external investigation go off the rails? Or perhaps the community is challenging the findings or methodology? Are there murmurs of cover-up? It’s time to come clean. TNG-i will perform a forensic assessment of your previous steps, often in preparation for litigation. Sunlight is the best disinfectant. We’ll help you to understand if your investigation was botched internally, what went wrong and what was missed.  We can subject your initial investigation to the deep and broad forensic re-examination you'll need to come clean and move forward.

For more information, contact Kate Halligan, Vice President of Client Relations, at (610) 579-3725.


Attorney-as-Investigator Certification from TNG

Lawyers have captured a large and expanding share of the investigation business in the US, but unless they are natural-born investigators, most attorneys will benefit from some industry-specific training on investigation techniques and best practices. There isn’t even an investigation course in most law schools, so most attorney-investigators are self-taught or learn on the job. But, there is a way to increase the professionalism, skill, and proficiency of attorney-investigators, giving them an edge and valuable credential in a competitive marketplace. TNG is an industry leader in investigations training and certification for lawyers.

As a firm, TNG’s team of 14 attorney-investigators have conducted thousands of investigations in the education and corporate sectors. We’ve turned that know-how into industry-leading teaching skills that have allowed us to certify more than 10,000 investigators through our varied training programs. The badge of TNG Training and Certification is a valuable credential for those who offer professional investigations in the marketplace.

TNG’s added value is in providing training that meets the professional attorney-investigator where they are in knowledge-base, and builds on that base with skills and techniques that only come from having investigated thousands of cases. We won’t waste your time, and you’ll come out of the training with marketable skills, tools, and resources that make you a better investigator, increase your ability to compete in a crowded sector, and provide your clients with the investigations that will better withstand the scrutiny of the litigation, government agencies, and the media.

Let TNG customize a certification training for your firm today, or work with us to host a regional firm training with TNG and get your attorneys trained for free! All of our certifications are eligible for submission for CLE credit.

Title IX is a new frontier for many law firms, and an area where more and more firms are now offering services. The same is true with #MeToo cases, and these are areas of particular expertise where TNG offers several different levels of training for intermediate and advanced skill development.

TNG Investigator Certification Trainings are available in versions that can be offered over 1-to-4 days, across multiple levels, and ten topics. Or, let us custom-tailor a training for your firm:

  • Title IX Investigator Certification Level One (Intermediate; School-Setting-Specific)
  • Title IX Investigator Certification Level Two (Advanced; School-Setting-Specific)
  • Report Writing Certification (Any topic; one-day and two-day variations with a full case study option)
  • Title VII Investigator Certification Level One (Intermediate; Workplace/Employer-Specific)
  • Title VII Investigator Certification Level Two (Advanced; Workplace/Employer-Specific)
  • Civil Rights Investigator Certification Level One (Age, Race, Religion, National Origin, Disability, Sex, etc.)
  • Civil Rights Investigator Certification Level Two (Age, Race, Religion, National Origin, Disability, Sex, etc.)
  • Using Technology to Advance Investigations Certification
  • Professional Forensic Attorney-Investigator Certification (Fraud, Cover-ups, Breach of Fiduciary Duties, Ethics Violations, Investigations-of-Investigations, Research Misconduct, etc.)
  • Supervising Professional Investigators Certification

TNG trainings are appropriate for paralegals and new associates, partners and senior partners. TNG trainings are not teaching lawyers how to become private investigators, but instead focus on the specific niche that attorney-investigators serve in the space. Thus, our trainings build subject-matter expertise on the types of behaviors being investigated and on the techniques of professional, proficient investigation. Detailed agendas for each training listed above are available on request. Don’t see the training topics or content you are looking for? Contact our offices and let TNG customize an agenda that will meet your needs and surpass your expectations.

Special topics for attorney-investigators include:

  • Privileged investigations versus independent investigations
  • Attorney Investigations and the Rules of Professional Ethics
  • Balancing the duty of candor with the duty of zealous representation
  • Crafting engagement retainers for legal services v. investigation services
  • Attorney licensure v. investigator licensure
  • Ensuring your client understands the role of your firm as investigator
  • Conflict-of-interest and managing client interference in the investigation
  • Will investigation reports be verbal or in writing? What’s discoverable?
  • Will investigation reports be made public?
  • Investigating the at-will employee v. the employee with contractual rights
  • Investigating public-sector employees (Loudermill, Weingarten, due process, etc.)
  • Investigating in unionized environments
  • Investigating under poorly framed, confusing, or unclear client policies
  • Investigations in anticipation of – or during – government investigation of your client
  • Clients imposing limits on the scope of your inquiry
  • The forensic investigation – re-treading the work of others to see what they missed

TNG’s trainers are energetic, vibrant, compelling, and even occasionally entertaining. They know their stuff, but even more importantly, they’ve been selected by TNG because they are engaging and dynamic teachers of their craft. Here is what TNG trainees have said about their certification courses:

For more information, contact Kate Halligan, Vice President of Client Relations, at (610) 579-3725.


Final-Eyes - Off-site Investigation Support & Review

Final-Eyes!

You've been trained to investigate civil rights violations. You have experience investigating sexual misconduct complaints. You've been through every detail, twice. Yet, some cases still leave you feeling uneasy. Have you asked every question? Is there anything you're missing? This flat-fee, off-site support and review service is offered at two levels and priced based on your investigation report volume. Final-Eyes is the reassurance you need when there is zero margin for error on school and campus sexual misconduct cases. Have the confidence that one of the nation's foremost experts on Title IX has laid final eyes on your findings, sanctions, and/or remedies and thinks you are on the right track.

Final-Eyes Includes:

  • Initial investigation report review (Standard Level)
  • Phone/email consultation with the Coordinator/Investigators to roadmap and investigation from inception (Plus Level)
  • Consultation with the Coordinator on gatekeeping decisions (Plus Level)
  • Light support for investigators during the investigation as needed (Plus Level)
  • Second-round review of revised reports (Plus Level)

For more information, contact Ryan McDavis, Associate Vice President of Association Management, at (610) 993-0229, ext. 1009.

View a free Final-Eyes demonstration from Title IX expert Brett A. Sokolow, J.D. 

To read the official press release, click here.

Please note that FERPA Section 99.31 permits sharing without redaction or consent.
To learn more about Final-Eyes, click here.


ADVANTAGES TO USING TNG-I

Our experts are skilled investigators who've been entrusted with the most sensitive and difficult cases colleges face. We know Title IX and VAWA Section 304 backward and forward. We teach investigations and have certified thousands of campus and school investigators through our training programs and CLE courses. We give forensic court testimony on what makes for a sound and compliant investigation. Simply, we have more collective expertise and experience investigating campus sexual misconduct and civil rights complaints than anyone else, and expertise and experience are what you need.

Our thorough and comprehensive reports shed the light that can mitigate scandal, stand up to media scrutiny, and can help you to defend legal actions arising from the crisis.

We manage to bring both tact and candor to sensitive, politically-charged environments, while pursuing the unvarnished truth. If you want us to narrow our scope or neglect to pursue key leads, you'll need to find another firm, because that isn't a truly independent investigation. If we are asked to investigate the actions of a prominent donor, campus president, member of the board, coach, athletic director or other administrator, our piercing inquiry goes where the evidence leads, and nowhere else.

Unlike many outside firms that provide investigations, we know PreK-12 and higher education from the inside. We'll know the questions to ask that outsiders never will. With incredible depth on sexual misconduct investigations, our team keeps current on the field and on student mores, so no one will have to explain to us the meaning of “stealthing,” “juuling,” or “gaslighting.” We can also go further and deeper than your in-house investigators may be able to go, with our access to forensic medical, IT, and sexual paraphilia expertise. Need a phone imaged? We can image it. Can't retrieve deleted messages? We have software to do it on the spot, during the interview. Can't script a delete register or unmask a cloaked phone number? We can. Our contacts can get deep background, obtain phone records, and enhance grainy video.  Our team knows not only how to identify missteps, but can also make the recommendations you need to ensure your school or campus never goes through this again.

We'll help make sure you leave no stone unturned and give you the peace of mind that your investigation is thorough, reliable and impartial. Or, we'll let you know if it still needs some tweaking. We offer TNG-i services addressing a full range of topics, including:

  • Cover-ups
  • Investigations of state/federal non-compliance
  • Financial improprieties, embezzlement, sweetheart deals
  • Bribery and fraud charges
  • Nepotism allegations
  • Consensual/amorous relationships violations
  • Athletics scandals and compliance
  • Financial aid fraud
  • Improper admission incentives
  • False Claims Act and whistleblower cases
  • Sexual misconduct complaints
  • Discrimination claims
  • Governance issues
  • Ethics violations
  • and more...

The experts from TNG-i also provide expert witness and litigation services. Visit our website to learn more.