Final-Eyes: Off-Site Investigation Review
“The Final-Eyes service has proven invaluable in increasing my confidence as an investigator and report writer, and has provided significant cost savings in legal fees. Brett’s prompt reviews and feedback help advance my understanding of Title IX compliance and discover gaps in my thinking. His suggestions are worthwhile and help reduce risk to the college. Great service!”
— Vicki Stanfield, VP for Student Services and Title IX Coordinator, College of the Mainland
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 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.
This off-site support and review service includes:
- Initial investigation report review
- Phone/email consultation with the Coordinator/Investigators to roadmap an investigation from inception
- Consultation with the Coordinator on gatekeeping decisions
- Light support for Investigators during the investigation as needed
- Second-round review of revised reports
I have had a few of you contact me off-line with questions about our Final-Eyes service, and a few more of you comment that you don’t need it because you get all your questions answered on the listserv. So, I thought I would take a moment to better explain Final-Eyes and offer you one free review so that you can see how it works on one of you own cases.
Final-Eyes is our investigation support service. We have more than 100 campuses using Final-Eyes regularly.
To explain the process, Final-Eyes is an investigation review by a partner of The NCHERM Group, LLC. We often connect with campus investigators or coordinators early in the process for strategic questions, and those are the kinds of questions that also pop up on the listserv. Is this Title IX? What do we do with a reluctant witness, etc. Then, we touch base during the investigation if you get stuck or need help obtaining evidence that is hard-to-obtain. Finally, we lay “final eyes” on your report in draft form, marking it up and/or providing feedback by phone. The communication is attorney-client privileged, if you wish it to be. The feedback we give on the draft report is not what you get on the listserv. It is very extensive. We ask probing questions, we note areas not fully explored, we suggest edits, and provide language that is more compliant and better able to manage risk. We use the service to mentor your investigators, and guide them to stronger, more defensible outcomes. We don’t opine on findings unless asked directly, but we do note whether the findings strike us as adequately or poorly supported.
We know that many of you already rely on your general counsel for something like Final-Eyes, but we offer an objective and impartial perspective, whereas general counsel are ethically obligated to act to protect their client, the university, and by definition are zealous advocates, not impartial fact-finders. Their client is not you, and that makes a difference, though you may think they represent you. We’re not suggesting there is anything wrong with this — every university should be advised by its attorneys — but for those who seek a fully impartial and highly professionalized set of eyes on these important decisions, we offer that option. OCR requires an impartial determination, so you can think of Final-Eyes not as general counsel, but as specialized Title IX counsel.
It’s hard to describe the value of Final-Eyes until you see it. If any of you would like to see a sample of a marked up investigation report that we did for a client, please see the contact information below to request a sample. Or, if you’d like to have The NCHERM Group, LLC, provide you with a one-time, free Final-Eyes review of one of your cases, we are happy to offer it to you to demonstrate the value of having the service available to your campus, year-round.
For more information, contact Ryan McDavis, Vice President for Client and Member Services, at (610) 993-0229, ext. 1009.
“Our investigators do wonderful work. However, being able to utilize Final-Eyes acts as a prompt and comprehensive way to double-check our work, make sure we haven’t missed any key component, and verify that the work we have done is rational, compliant, and defensible in court.”
— Kevin McCarthy, Associate Dean of Students, North Central College