Experienced investigators when you need an objective perspective.
Bernstein Shur has a team of dedicated independent-investigators and one of the largest investigation practices in Northern New England.
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Labor & Employment
As seasoned labor and employment attorneys, we have years of experience conducting investigations for a broad range of clients, including major corporations, public and private academic institutions, non-profit organizations and state and local governmental entities.
Our skill and training allows us to conduct thorough investigations and get to the truth when employers, employees, students or institutions are accused of misconduct. We regularly investigate complaints involving harassment, discrimination, sexual misconduct, bullying, violence, failure to accommodate and retaliation/whistleblowing activities. When we conduct investigations, we are sensitive to the business needs, privacy concerns, and often complex dynamics within the organization.
At the conclusion of the investigation we deliver clear written findings that enable organizations to make sound, informed and legally defensible decisions. If litigation should arise, we also have experience testifying at trial and defending our investigative findings in court.
We have extensive experience serving as independent investigators for public and private colleges, universities, and K-12 schools across the country in the area of sexual misconduct. As highly trained investigators, we regularly handle allegations of sexual misconduct, sexual assault, Title IX violations, stalking, boundary violations, intimate partner violence, retaliation and discrimination/harassment/bullying. Because we understand the unique challenges and sensitivities that arise in cases of alleged sexual misconduct, we are skilled at conducting trauma-informed interviews, respecting student privacy rights, and ensuring a fair process for both parties. Throughout the investigative process, we draw on our education law backgrounds and deep knowledge of the current laws and guidance around sexual misconduct issues, including state child protection and mandatory reporting laws, Title IX, FERPA, VAWA, the Campus SaVE Act, and the Clery Act. We also serve as hearing and appeal officers in sexual misconduct proceedings, as well as facilitate informal resolutions.
In addition to our investigative services, we consult with and offer customized training to public and private academic institutions and school associations about sexual misconduct. In doing so, we provide specific and comprehensive recommendations to encourage reporting and improve response. We also draft policies, procedures and protocols to enhance safety and reduce risk in the area of sexual misconduct. We provide comprehensive training workshops for schools that comply with the training requirements under the Title IX regulations and VAWA, including for those individuals serving in roles as a Title IX Coordinator, Advisor, Investigator, Hearing Officer, and Appeal Officer. If you are interested in learning more about our trainings, click here to read more about our available training modules.
We investigate complaints involving:
- Discrimination (age, gender, sexual orientation, disability, race, national origin, ethnicity)
- Harassment and bullying
- Failure to accommodate
- Employee or institutional misconduct
- Wage and hour violations
- Crisis Response