CJUS 530
Case Study Critiques Instructions
You are required to write critiques of 2 case studies in the course based on the articles provided in the assigned modules/weeks’ Reading & Study folders.
Each case study critique must be between 3–5 pages (not including the title, abstract, and reference pages) in current APA format and must discuss the major facts of the case. You must tell whether or not you believe the right decisions were made and why. Follow the guidelines listed below:
· Identify the important facts in the case study.
· What decisions were or were not made in the case study?
· Do you believe the decisions or best practices were appropriate?
· Discuss any alternative solutions to the problem and support those solutions with additional research (in other words, support your solution with similar cases).
· Conclusion
· Bibliography
· Make sure each section is labeled appropriately (Facts, Decision, Alternative
Solution
, Conclusion).
· Citation style: current APA
· All papers must use the following format: Times New Roman, 12-point font, 1” margins from left to right and top to bottom, and double spaced.
· Do not forget to review the grading rubric.
Each case study will be due by 11:59 p.m. (ET) on Sunday of the assigned module/week.
Garrity Warnings: To Give or Not to Give, That Is the Question
By Eric P. Daigle, Esq., Daigle Law Group, Southington, Connecticut; and Secretary, IACP Legal Officers Section
s I travel the country and work with different police departments, I am troubled by the inconsistency and the
lack of knowledge of police management regarding use of Garrity in administrative investigations. I have
learned that while investigators and management are aware of the practice of using Garrity warnings, as created by
the case Garrity v. New Jersey,1 these warnings are misinterpreted and misapplied throughout the United States.
In law enforcement organizations, the Garrity principle is an important tool to provide officers the necessary
protections while still enabling departments to conduct thorough and complete internal investigations. In a given
agency, what is more important: the criminal investigation or the discipline of the employee for a violation of
department policy? It may matter whom one asks. In a given department, is a Garrity warning given to compel a
statement if there is a potential criminal investigation?
During an administrative investigation of an officer, the agency head or representatives (that is, internal affairs
investigators) are permitted to and generally should compel the subject officer to truthfully answer questions that are
narrowly tailored to the scope of the subject’s job as a police officer. The basic principle of Garrity is that when the
statement taken from the subject officer is compelled, the statement and the evidence derived from the statement
cannot be used against the subject officer in a criminal action against the officer arising from the same circumst ...
Garrity Warnings To Give or Not to Give, That Is the Question By .docxhanneloremccaffery
Garrity Warnings: To Give or Not to Give, That Is the Question By Eric P. Daigle, Esq., Daigle Law Group, Southington, Connecticut; and Secretary, IACP Legal Officers Section
s I travel the country and work with different police departments, I am troubled by the inconsistency and the lack of knowledge of police management regarding use of Garrity in administrative investigations. I have learned that while investigators and management are aware of the practice of using Garrity warnings, as created by the case Garrity v. New Jersey,1 these warnings are misinterpreted and misapplied throughout the United States.
In law enforcement organizations, the Garrity principle is an important tool to provide officers the necessary protections while still enabling departments to conduct thorough and complete internal investigations. In a given agency, what is more important: the criminal investigation or the discipline of the employee for a violation of department policy? It may matter whom one asks. In a given department, is a Garrity warning given to compel a statement if there is a potential criminal investigation?
During an administrative investigation of an officer, the agency head or representatives (that is, internal affairs investigators) are permitted to and generally should compel the subject officer to truthfully answer questions that are narrowly tailored to the scope of the subject’s job as a police officer. The basic principle of Garrity is that when the statement taken from the subject officer is compelled, the statement and the evidence derived from the statement cannot be used against the subject officer in a criminal action against the officer arising from the same circumstances about which the officer was questioned. This article attempts to clarify—or asks readers to consider—whether agencies are applying Garrityprinciples inconsistently because of a clear lack of judicial interpretation, creating the perceived belief that the agency cannot question its own employees.
The Garrity Principle
In Garrity v. New Jersey, the U.S. Supreme Court established some straight forward rules regarding situations in which police officers are compelled to provide statements to their employers. Under Garrity, an incriminating statement obtained from an officer who is compelled to provide the statement under the threat of job loss if the officer invokes the right to remain silent may not be used against the officer in a criminal proceeding. The court found that such a statement is deemed coerced if the officer is denied a meaningful opportunity to assert Fifth Amendment rights. The court reasoned that it is unacceptable to put an officer in the position of choosing whether to self-incriminate or to risk job loss for invoking the Fifth Amendment.
The application of Garrity warnings provides that an employee can be ordered to cooperate in an internal or administrative investigation and be compelled to truthfully answer questions that are specifical ...
During 2013/14, the IPCC has been carrying out work to look at ways of improving police handling of complaints, and to contribute to improving public confidence in the police complaints system.
Police forces have told us that there is a need for practical advice, in addition to our Statutory Guidance, to support them in handling complaints. In response, we have created a new publication – Focus.
Internal Investigations
Chapter 11
Learning Objectives
Situations requiring investigation or audit
Steps in conducting an internal investigation
Interviewing employees and third parties
Reviewing documents and records
Contents of a thorough investigation report
Sources of a government investigation
Responses to a government investigation
When to conduct an internal compliance audit
Taking advantage of attorney-client privilege
Introduction
An organization conducts an internal investigation to discover whether a violation of law has occurred or is likely to occur.
Internal sign or report that a violation has occurred
Organization learns that a government agency has launched an investigation
As a preventive measure, the organization conducts periodic audits
Investigations in a Compliance Program
Key component of an effective compliance program
Discover problems before a government agency learns of them
Opportunity to control resolution of the problems
Once government initiates its an inquiry, the organization is compelled to conduct its own parallel investigation
Multi-Step Investigation Procedure
Use trained, trusted employees to carry out the investigation
Consider using an attorney and a consultant
Fit the investigation to the suspected misconduct
Investigative techniques: personnel interviews, records and document reviews
Report based on investigation findings
After the investigation is complete
Use Trained, Trusted Employees
Starts with the Compliance Officer. Other staff should be ….
Trained in investigation techniques
Knowledgeable about area where misconduct suspected, but preferably not working there
People of good judgment and discretion
Willing to make hard decisions
Able to maintain confidentiality
Consider Using an Attorney
For all but trivial incidents, consult an attorney
For serious matters, conduct investigation under the guidance of an attorney
Take advantage of work-client or work-product privileges whenever possible
Attorney will direct the investigation, communicate with top management, and control information flows about the events
7
Consider Using a Consultant
If the organization lacks the time, the experienced personnel, or the expertise to carry out the investigation
Consultant performs work that is channeled through the attorney
Consultant lacks close relationship with the organization
Consultant duties should be carefully defined
Fit the Investigation to the
Suspected Misconduct
As the investigation proceeds and the gravity of the misconduct is revealed, efforts can be scaled up or down.
Investigative techniques should be discussed with management and the attorney.
Anticipate effects of the investigation on workforce morale and productivity.
Focus of the Investigation
Nature and scope of the problem incident
Statutes and regulations related to the incident
Clarity or ambiguity of the relevant st ...
2
New Security Employee Outline
Introduction:
Investigative principles are very important to successful security personnel operational duties and effectiveness when investigating criminally related scenarios. Utilizing proven investigate tactics will enable the newly hired security employee to possess the means for resolving situations that require structured investigative tactics for success. This employee guide provides an overview of key investigative principles for the security professional.
Searching
1. Security employees are expected to conduct search patrols within an investigative manner, to identify possible breaches or suspicious activity in the electronics warehouse. Security searches may include an attempt at tracking trespassers, locating items that may have been lost or stolen as a result of insider theft, and trying to find evidence related to a criminal investigation within the premises.
Interviews
2. Security personnel who have been suspected of any violations up to and including theft, sexual misconduct, sexual harassment, violence, vandalism, or time theft, will be interviewed by the HR department to determine further action. For instances related to theft of any electronics from within the warehouse, a process of elimination will be conducted to determine which employees were actively working during the theft incident, and at which area of the building it occurred at. Employee background and history will be compared against one another to determine the most likely culprit of the offense. “For each interview, you should prepare opening and closing remarks and a set of questions. This does not preclude asking follow up questions during the interview.” (Slater, 2010).
Evidence Overview
3. New employees should be aware of the importance of analyzing and utilizing physical evidence to help determine who is responsible for any crimes possibly associated with them. Damage to warehouse equipment, broken glass, marks on the floor, and any type of stains found, can be associated with physical evidence. Security employees can follow a trail of evidence to aid in determining how, why, and who committed an offense/s within the electronics warehouse. Documentable evidence are other forms of physical evidence that provide a hard copy of verifiable facts, statistics, and associated employee information. During the investigative overview process, investigative security personnel possess the professional capacity to review documentable evidence and compare information acquired to newly relevant information within the investigation.
Evidence Preservation
4. Preserving important evidence is crucial during the investigative process. Items found that are considered relevant to the security investigation should be clearly marked and labeled, according to their identification standards. Evidence that has not been preserved with proper care and storage carefulness, may be considered inadmissible if used in a court of law because of the degree ...
2
New Security Employee Outline
Introduction:
Investigative principles are very important to successful security personnel operational duties and effectiveness when investigating criminally related scenarios. Utilizing proven investigate tactics will enable the newly hired security employee to possess the means for resolving situations that require structured investigative tactics for success. This employee guide provides an overview of key investigative principles for the security professional.
Searching
1. Security employees are expected to conduct search patrols within an investigative manner, to identify possible breaches or suspicious activity in the electronics warehouse. Security searches may include an attempt at tracking trespassers, locating items that may have been lost or stolen as a result of insider theft, and trying to find evidence related to a criminal investigation within the premises.
Interviews
2. Security personnel who have been suspected of any violations up to and including theft, sexual misconduct, sexual harassment, violence, vandalism, or time theft, will be interviewed by the HR department to determine further action. For instances related to theft of any electronics from within the warehouse, a process of elimination will be conducted to determine which employees were actively working during the theft incident, and at which area of the building it occurred at. Employee background and history will be compared against one another to determine the most likely culprit of the offense. “For each interview, you should prepare opening and closing remarks and a set of questions. This does not preclude asking follow up questions during the interview.” (Slater, 2010).
Evidence Overview
3. New employees should be aware of the importance of analyzing and utilizing physical evidence to help determine who is responsible for any crimes possibly associated with them. Damage to warehouse equipment, broken glass, marks on the floor, and any type of stains found, can be associated with physical evidence. Security employees can follow a trail of evidence to aid in determining how, why, and who committed an offense/s within the electronics warehouse. Documentable evidence are other forms of physical evidence that provide a hard copy of verifiable facts, statistics, and associated employee information. During the investigative overview process, investigative security personnel possess the professional capacity to review documentable evidence and compare information acquired to newly relevant information within the investigation.
Evidence Preservation
4. Preserving important evidence is crucial during the investigative process. Items found that are considered relevant to the security investigation should be clearly marked and labeled, according to their identification standards. Evidence that has not been preserved with proper care and storage carefulness, may be considered inadmissible if used in a court of law because of the degree ...
What are the keys to an effective workplace investigation?CohenGrigsby
Over the past year, allegations of unlawful harassment have dominated headlines. As a result, many employers have revised their anti-harassment policies. However, a well drafted policy is meaningless unless complaints of harassment are promptly investigated and appropriate corrective action is taken.
You are a corporate compliance officer for a hospital. You are al.docxmaryettamckinnel
You are a corporate compliance officer for a hospital. You are also a feature writer for
The Medical Reporter
, an online health magazine. The editor asks you to write an 8-10 page feature story about the steps you should take when fraud and abuse cases are reported to a facility. This is very timely as you recently received a call on your “hotline” regarding a potential fraud and abuse issue. The caller indicated that Dr. Greedy was billing for services that had not been provided. You are in danger of losing reimbursement for Medicare and Medicaid programs if this behavior is not stopped. Your feature should address the ethical and moral components that healthcare providers and healthcare facilities face with fraud and abuse issues. Your research should include the following aspects:
How to conduct an investigation. It should include the following elements:
Reviewing the initial complaint: What are the items you should look for in a compliant to determine validity?
Notifying the appropriate upper management of the complaint unless they are implicated in the complaint: What are the steps to take to determine who is involved?
Obtaining additional information as necessary and developing a plan for the investigation: What other items are important to the investigation?
Conducting interviews with staff, residents and/or management: Delineate the types of questions to ask in the interview.
Determining if the allegations are substantiated or unsubstantiated: Identify criteria to determine if substantiated or unsubstantiated.
How to develop a correction action plan. The plan may suggest:
A recommendation for a subsequent audit or follow-up to the complaint and determination of when this is necessary.
A recommendation to refund any overpayments to federal government, insurance company or individual payer and when that may be the best course of action.
Assignment 1 Grading Criteria
Discussed the process for reviewing the initial healthcare fraud and abuse complaint and the items to look for to determine validity.
Explained the steps to take to determine who is involved in the complaint.
Discussed how to obtain additional information to develop a plan for the investigation and the items, which would be important to the investigation.
Explained how to conduct interviews with staff, residents and/or management and the types of questions to ask in the interview.
Identified the criteria to determine if the allegations are substantiated or unsubstantiated.
Explained how to determine when a recommendation for a subsequent audit or follow-up to the complaint is necessary.
Discussed the best course of action when a recommendation to refund any overpayments to federal government, insurance company or individual payer is warranted.
Written Components:
Style:
Tone, audience, and word choice
Organization:
Introduction, transitions, and conclusion
Usage and Mechanics:
Grammar, spelling, and sentence structure
APA Elements:
I.
Garrity Warnings To Give or Not to Give, That Is the Question By .docxhanneloremccaffery
Garrity Warnings: To Give or Not to Give, That Is the Question By Eric P. Daigle, Esq., Daigle Law Group, Southington, Connecticut; and Secretary, IACP Legal Officers Section
s I travel the country and work with different police departments, I am troubled by the inconsistency and the lack of knowledge of police management regarding use of Garrity in administrative investigations. I have learned that while investigators and management are aware of the practice of using Garrity warnings, as created by the case Garrity v. New Jersey,1 these warnings are misinterpreted and misapplied throughout the United States.
In law enforcement organizations, the Garrity principle is an important tool to provide officers the necessary protections while still enabling departments to conduct thorough and complete internal investigations. In a given agency, what is more important: the criminal investigation or the discipline of the employee for a violation of department policy? It may matter whom one asks. In a given department, is a Garrity warning given to compel a statement if there is a potential criminal investigation?
During an administrative investigation of an officer, the agency head or representatives (that is, internal affairs investigators) are permitted to and generally should compel the subject officer to truthfully answer questions that are narrowly tailored to the scope of the subject’s job as a police officer. The basic principle of Garrity is that when the statement taken from the subject officer is compelled, the statement and the evidence derived from the statement cannot be used against the subject officer in a criminal action against the officer arising from the same circumstances about which the officer was questioned. This article attempts to clarify—or asks readers to consider—whether agencies are applying Garrityprinciples inconsistently because of a clear lack of judicial interpretation, creating the perceived belief that the agency cannot question its own employees.
The Garrity Principle
In Garrity v. New Jersey, the U.S. Supreme Court established some straight forward rules regarding situations in which police officers are compelled to provide statements to their employers. Under Garrity, an incriminating statement obtained from an officer who is compelled to provide the statement under the threat of job loss if the officer invokes the right to remain silent may not be used against the officer in a criminal proceeding. The court found that such a statement is deemed coerced if the officer is denied a meaningful opportunity to assert Fifth Amendment rights. The court reasoned that it is unacceptable to put an officer in the position of choosing whether to self-incriminate or to risk job loss for invoking the Fifth Amendment.
The application of Garrity warnings provides that an employee can be ordered to cooperate in an internal or administrative investigation and be compelled to truthfully answer questions that are specifical ...
During 2013/14, the IPCC has been carrying out work to look at ways of improving police handling of complaints, and to contribute to improving public confidence in the police complaints system.
Police forces have told us that there is a need for practical advice, in addition to our Statutory Guidance, to support them in handling complaints. In response, we have created a new publication – Focus.
Internal Investigations
Chapter 11
Learning Objectives
Situations requiring investigation or audit
Steps in conducting an internal investigation
Interviewing employees and third parties
Reviewing documents and records
Contents of a thorough investigation report
Sources of a government investigation
Responses to a government investigation
When to conduct an internal compliance audit
Taking advantage of attorney-client privilege
Introduction
An organization conducts an internal investigation to discover whether a violation of law has occurred or is likely to occur.
Internal sign or report that a violation has occurred
Organization learns that a government agency has launched an investigation
As a preventive measure, the organization conducts periodic audits
Investigations in a Compliance Program
Key component of an effective compliance program
Discover problems before a government agency learns of them
Opportunity to control resolution of the problems
Once government initiates its an inquiry, the organization is compelled to conduct its own parallel investigation
Multi-Step Investigation Procedure
Use trained, trusted employees to carry out the investigation
Consider using an attorney and a consultant
Fit the investigation to the suspected misconduct
Investigative techniques: personnel interviews, records and document reviews
Report based on investigation findings
After the investigation is complete
Use Trained, Trusted Employees
Starts with the Compliance Officer. Other staff should be ….
Trained in investigation techniques
Knowledgeable about area where misconduct suspected, but preferably not working there
People of good judgment and discretion
Willing to make hard decisions
Able to maintain confidentiality
Consider Using an Attorney
For all but trivial incidents, consult an attorney
For serious matters, conduct investigation under the guidance of an attorney
Take advantage of work-client or work-product privileges whenever possible
Attorney will direct the investigation, communicate with top management, and control information flows about the events
7
Consider Using a Consultant
If the organization lacks the time, the experienced personnel, or the expertise to carry out the investigation
Consultant performs work that is channeled through the attorney
Consultant lacks close relationship with the organization
Consultant duties should be carefully defined
Fit the Investigation to the
Suspected Misconduct
As the investigation proceeds and the gravity of the misconduct is revealed, efforts can be scaled up or down.
Investigative techniques should be discussed with management and the attorney.
Anticipate effects of the investigation on workforce morale and productivity.
Focus of the Investigation
Nature and scope of the problem incident
Statutes and regulations related to the incident
Clarity or ambiguity of the relevant st ...
2
New Security Employee Outline
Introduction:
Investigative principles are very important to successful security personnel operational duties and effectiveness when investigating criminally related scenarios. Utilizing proven investigate tactics will enable the newly hired security employee to possess the means for resolving situations that require structured investigative tactics for success. This employee guide provides an overview of key investigative principles for the security professional.
Searching
1. Security employees are expected to conduct search patrols within an investigative manner, to identify possible breaches or suspicious activity in the electronics warehouse. Security searches may include an attempt at tracking trespassers, locating items that may have been lost or stolen as a result of insider theft, and trying to find evidence related to a criminal investigation within the premises.
Interviews
2. Security personnel who have been suspected of any violations up to and including theft, sexual misconduct, sexual harassment, violence, vandalism, or time theft, will be interviewed by the HR department to determine further action. For instances related to theft of any electronics from within the warehouse, a process of elimination will be conducted to determine which employees were actively working during the theft incident, and at which area of the building it occurred at. Employee background and history will be compared against one another to determine the most likely culprit of the offense. “For each interview, you should prepare opening and closing remarks and a set of questions. This does not preclude asking follow up questions during the interview.” (Slater, 2010).
Evidence Overview
3. New employees should be aware of the importance of analyzing and utilizing physical evidence to help determine who is responsible for any crimes possibly associated with them. Damage to warehouse equipment, broken glass, marks on the floor, and any type of stains found, can be associated with physical evidence. Security employees can follow a trail of evidence to aid in determining how, why, and who committed an offense/s within the electronics warehouse. Documentable evidence are other forms of physical evidence that provide a hard copy of verifiable facts, statistics, and associated employee information. During the investigative overview process, investigative security personnel possess the professional capacity to review documentable evidence and compare information acquired to newly relevant information within the investigation.
Evidence Preservation
4. Preserving important evidence is crucial during the investigative process. Items found that are considered relevant to the security investigation should be clearly marked and labeled, according to their identification standards. Evidence that has not been preserved with proper care and storage carefulness, may be considered inadmissible if used in a court of law because of the degree ...
2
New Security Employee Outline
Introduction:
Investigative principles are very important to successful security personnel operational duties and effectiveness when investigating criminally related scenarios. Utilizing proven investigate tactics will enable the newly hired security employee to possess the means for resolving situations that require structured investigative tactics for success. This employee guide provides an overview of key investigative principles for the security professional.
Searching
1. Security employees are expected to conduct search patrols within an investigative manner, to identify possible breaches or suspicious activity in the electronics warehouse. Security searches may include an attempt at tracking trespassers, locating items that may have been lost or stolen as a result of insider theft, and trying to find evidence related to a criminal investigation within the premises.
Interviews
2. Security personnel who have been suspected of any violations up to and including theft, sexual misconduct, sexual harassment, violence, vandalism, or time theft, will be interviewed by the HR department to determine further action. For instances related to theft of any electronics from within the warehouse, a process of elimination will be conducted to determine which employees were actively working during the theft incident, and at which area of the building it occurred at. Employee background and history will be compared against one another to determine the most likely culprit of the offense. “For each interview, you should prepare opening and closing remarks and a set of questions. This does not preclude asking follow up questions during the interview.” (Slater, 2010).
Evidence Overview
3. New employees should be aware of the importance of analyzing and utilizing physical evidence to help determine who is responsible for any crimes possibly associated with them. Damage to warehouse equipment, broken glass, marks on the floor, and any type of stains found, can be associated with physical evidence. Security employees can follow a trail of evidence to aid in determining how, why, and who committed an offense/s within the electronics warehouse. Documentable evidence are other forms of physical evidence that provide a hard copy of verifiable facts, statistics, and associated employee information. During the investigative overview process, investigative security personnel possess the professional capacity to review documentable evidence and compare information acquired to newly relevant information within the investigation.
Evidence Preservation
4. Preserving important evidence is crucial during the investigative process. Items found that are considered relevant to the security investigation should be clearly marked and labeled, according to their identification standards. Evidence that has not been preserved with proper care and storage carefulness, may be considered inadmissible if used in a court of law because of the degree ...
What are the keys to an effective workplace investigation?CohenGrigsby
Over the past year, allegations of unlawful harassment have dominated headlines. As a result, many employers have revised their anti-harassment policies. However, a well drafted policy is meaningless unless complaints of harassment are promptly investigated and appropriate corrective action is taken.
You are a corporate compliance officer for a hospital. You are al.docxmaryettamckinnel
You are a corporate compliance officer for a hospital. You are also a feature writer for
The Medical Reporter
, an online health magazine. The editor asks you to write an 8-10 page feature story about the steps you should take when fraud and abuse cases are reported to a facility. This is very timely as you recently received a call on your “hotline” regarding a potential fraud and abuse issue. The caller indicated that Dr. Greedy was billing for services that had not been provided. You are in danger of losing reimbursement for Medicare and Medicaid programs if this behavior is not stopped. Your feature should address the ethical and moral components that healthcare providers and healthcare facilities face with fraud and abuse issues. Your research should include the following aspects:
How to conduct an investigation. It should include the following elements:
Reviewing the initial complaint: What are the items you should look for in a compliant to determine validity?
Notifying the appropriate upper management of the complaint unless they are implicated in the complaint: What are the steps to take to determine who is involved?
Obtaining additional information as necessary and developing a plan for the investigation: What other items are important to the investigation?
Conducting interviews with staff, residents and/or management: Delineate the types of questions to ask in the interview.
Determining if the allegations are substantiated or unsubstantiated: Identify criteria to determine if substantiated or unsubstantiated.
How to develop a correction action plan. The plan may suggest:
A recommendation for a subsequent audit or follow-up to the complaint and determination of when this is necessary.
A recommendation to refund any overpayments to federal government, insurance company or individual payer and when that may be the best course of action.
Assignment 1 Grading Criteria
Discussed the process for reviewing the initial healthcare fraud and abuse complaint and the items to look for to determine validity.
Explained the steps to take to determine who is involved in the complaint.
Discussed how to obtain additional information to develop a plan for the investigation and the items, which would be important to the investigation.
Explained how to conduct interviews with staff, residents and/or management and the types of questions to ask in the interview.
Identified the criteria to determine if the allegations are substantiated or unsubstantiated.
Explained how to determine when a recommendation for a subsequent audit or follow-up to the complaint is necessary.
Discussed the best course of action when a recommendation to refund any overpayments to federal government, insurance company or individual payer is warranted.
Written Components:
Style:
Tone, audience, and word choice
Organization:
Introduction, transitions, and conclusion
Usage and Mechanics:
Grammar, spelling, and sentence structure
APA Elements:
I.
Students are required to draft an anti-discriminationharassmen.docxdarwinming1
Students are required to draft an anti-discrimination/harassment/retaliation policy using the guidelines found in the following sources: All the Module Lectures, but in particular Module 6 (its policy checklist, Powerpoint slides and other materials on discriminatory harassment. Also consult the information provided in the textbook; and the information found in the supplemental readings.
Students may review review policies from other sources; however, adhering to Nova’s plagiarism policy as stated in the Disclaimer below, your assignment is not to be whole or partial policies from your place of employment or be taken
completely
from other sources. The purpose of the policy assignment is for you to review the suggested requirements for such a policy, as well as sample policies, and then draft your own policy based on your research. Any sources used in the preparation of this written assignment must be cited under “Sources” at the end of the draft policy in sufficient detail so that these sources can be checked.
Module 6-7 Lecture
Anti-Discrimination, Harassment and Retaliation Policy
As part of the employer’s defense to a discrimination, harassment or retaliation complaint, the employer should have established an anti-discrimination, harassment and retaliation policy. This policy should be disseminated among all employees. Newly hired employees should be given a separate copy of this policy as part of their orientation process. This policy should be explained to the new hire who should be required to sign a receipt for this policy and this receipt should be placed in the newly hired employee’s personnel file.
The policy should contain the following provisions at the minimum, which are described in more detail below:
A clear explanation of prohibited conduct;
Assurance that employees who make complaints of policy violation or provide information related to such complaints will be protected against retaliation;
A clearly described complaint process that provides at least two accessible avenues of complaint;
Assurance that the employer will protect the confidentiality of complaints to the extent possible;
A complaint process that provides a prompt, thorough, and impartial investigation; and
Assurance that the employer will take immediate and appropriate corrective action when it determines that a policy violation has occurred.
Anti-Discrimination/Harassment: An employer's policy should make clear that it will not tolerate discrimination or based on sex (with or without sexual conduct), race, color, religion, national origin, age, disability, and protected activity (
i.e.
, opposition to prohibited discrimination or participation in the statutory complaint process). This prohibition should cover discrimination or harassment by
anyone
in the workplace – supervisors, co- workers, or non-employees. Management should convey the seriousness of the prohibition. One way ...
Are You Suitable for Appointment to a Federal Law Enforcement Position (WIFL...FedEmployeeLaw
Whether the character or conduct of an applicant, appointee or employee is such that employing her may have an impact on the integrity or efficiency of the service. See 5 CFR §731.101; Alvarez v Department of Homeland Security, 112 MSPR 434 (MSPB 2009).
Employment Screening Laws & Background Checks Question & AnswerEliassen Group
Key Takeaways from this webinar include:
1) What Background Checks are being routinely run by Employers during the Hiring Process.
2) EEOC Laws and Regulations for Employers regarding Background Checks and how those laws have changed since it’s inception in 1964
3) Employers Best Practices to Avoid and Defend Negligence and Discrimination Claims.
*Not to be used as legal advise*
A sample guide to to assist in consistency during a compliant of misconduct and the ensuing investigation. Great for Supervisors and employees to understand the steps that will be followed.
@HR2CEO
The “Course Topics” series from Manage Train Learn and Slide Topics is a collection of over 4000 slides that will help you master a wide range of management and personal development skills. The 202 PowerPoints in this series offer you a complete and in-depth study of each topic. This presentation is on "The Disciplinary Hearing".
CJ 500 Sample Case Brief Facts Mr. Miranda was arrestVinaOconner450
CJ 500 Sample Case Brief
Facts: Mr. Miranda was arrested at his residence, taken into custody, and subsequently brought
to the police station. While in custody at the police station, Mr. Miranda was identified by a
witness who made an accusation and complaint against him. Mr. Miranda was then interrogated
by police officers for approximately two hours. Mr. Miranda subsequently confessed to the crime
and gave a signed, written confession. Mr. Miranda was never advised of his right to counsel or
his right to remain silent. At trial, the oral and written confessions were presented to the jury.
Miranda was found guilty of kidnapping and rape and was sentenced to 20 to 30 years
imprisonment on each count. On appeal, the Supreme Court of Arizona held that Miranda’s
constitutional rights were not violated in obtaining the confession.
Issue: Whether statements that are obtained from an individual who is in custody and being
interrogated are admissible at trial if the suspect has not been advised of his Fifth Amendment
privilege to remain silent and his Sixth Amendment right to counsel.
Ruling: Confession received in violation of an individual’s Fifth Amendment and Sixth
Amendment privileges are inadmissible in trial if the individual has not been advised of his or
her rights.
Analysis: The court held that
there can be no doubt that the Fifth Amendment privilege is available outside of criminal
court proceedings and serves to protect persons in all settings in which their freedom of
action is curtailed in any significant way from being compelled to incriminate
themselves. (Miranda v. Arizona, 1966)
As such,
the prosecution may not use statements, whether exculpatory or inculpatory, stemming
from custodial interrogation of the defendant unless it demonstrates the use of procedural
safeguards effective to secure the privilege against self-incrimination. By custodial
interrogation, we mean questioning initiated by law enforcement officers after a person
has been taken into custody or otherwise deprived of his freedom of action in any
significant way. (Miranda v. Arizona, 1966)
The court further held that
without proper safeguards the process of in-custody interrogation of persons suspected or
accused of crime contains inherently compelling pressures which work to undermine the
individual’s will to resist and to compel him to speak where he would otherwise do so
freely. (Miranda v. Arizona, 1966)
Therefore, a defendant
must be warned prior to any questioning that he has the right to remain silent, that
anything he says can be used against him in a court of law, that he has the right to the
presence of an attorney, and that if he cannot afford an attorney one will be appointed for
him prior to any questioning if he so desires. (Miranda v. Arizona, 1966)
Conclusion: Based on the aforementioned reasons, the U.S. Supreme Court overruled and
reversed the conviction of ...
Georgia LPC Legal and Ethical Issues in Clinical SupervisionGlenn Duncan
This is the lecture from Day 4 of the 24 hour clinical supervision workshop series developed specifically for the Georgia LPC to help obtain the CPCS. This workshop series is LPCAGA approved.
1. The meaning for criteria is defined as a standard of judgement.docxMargaritoWhitt221
1. The meaning for criteria is defined as a standard of
judgement
. It is a r
ule
or principle for evaluating or testing something. Criteria is used by gathering information to help us identify and to bring clarity when trying to make decisions.
An example of criteria is used when choosing the best c
andidate
for a
jo
b a review of their qualifications and work history can help assist in choosing the best person for the
po
sition
. Criteria
ga
thered
by ask
ing
a pa
tient
questions of how they are feel
ing
,
wha
t symptoms they are having and running different test can help a physician to prove the
caus
e of ill
ness
.
My potential to
pic
for the
wor
kplace
problem is creating a
wor
k sch
edule
fo
r our receiving
de
partment
. The to
pics
that need to be ad
dr
essed
are; hours of o
peration
, current s
taffing
po
sition
, and to make
sur
e operations run
sm
oothly
. The two
rea
sons this is
bein
g addressed is to make
sur
e p
roduction
is serviced properly and
business
de
mand.
2.
From the e-Activity, identify the key aspects of the Fourth Amendment to the U.S. Constitution and analyze the manner in which it pertains to the average American citizen in regard to search a
nd
seizure. Provide a rational for your response.
The Fourth Amendment was created to keep government form seizing homes and searching homes that were suspected of being disloyal to the British King. In todays society the Fourth Amendment is to ensure the government respects its citizens privacy and their rights to be left alone by arbitrary interferences from law enforcement.
Identify 2 situations where a p
olice
officer may stop and question individuals based on their visual behavior, which is a
lso
known as a
patdown
. Next, give your opinion as to w
hether
or not the reasons why the police
patdown
the individuals are
vailid
in the situations you identified. Provide a rational for your response.
One situation where it is legal of officers to
patdawn
an individual on visual b
ehavior
is to identify someone who looks like a suspect named in an arrest warrant or if they match a d
iscription
of an (APB) all-points bulletin. The s
econd
where a
patdown
would be acceptable is in an emergency situation such as if the officer believes a person is armed and causes imminent danger to public safety. In my opinion these reasons are sound for a
patdown
based on visual behavior because if there is an arrest warrant for an individual and someone matches the description then the officer is obligated to
patdown
and question the individual. Also the individual may be a danger to him/her self or others so this would give officer cause to conduct a
patdown
. If an individual is considered to be a
rmed
and dangerous then an officer has the right to conduct a
patdown
.
3.
Motivation is defined as the process that initiates, guides, and maintains goal oriented behaviors. The term motivation refers to factors that activate, direct, and sustain g.
Assignment 1 LASA 2— Corporate ComplianceYou are a corporate comp.docxfelicitytaft14745
Assignment 1: LASA 2— Corporate Compliance
You are a corporate compliance officer for a hospital. You are also a feature writer for
The Medical Reporter
, an online health magazine. The editor asks you to write an 8-10 page feature story about the steps you should take when fraud and abuse cases are reported to a facility. This is very timely as you recently received a call on your “hotline” regarding a potential fraud and abuse issue. The caller indicated that Dr. Greedy was billing for services that had not been provided. You are in danger of losing reimbursement for Medicare and Medicaid programs if this behavior is not stopped. Your feature should address the ethical and moral components that healthcare providers and healthcare facilities face with fraud and abuse issues. Your research should include the following aspects:
How to conduct an investigation. It should include the following elements:
Reviewing the initial complaint: What are the items you should look for in a compliant to determine validity?
Notifying the appropriate upper management of the complaint unless they are implicated in the complaint: What are the steps to take to determine who is involved?
Obtaining additional information as necessary and developing a plan for the investigation: What other items are important to the investigation?
Conducting interviews with staff, residents and/or management: Delineate the types of questions to ask in the interview.
Determining if the allegations are substantiated or unsubstantiated: Identify criteria to determine if substantiated or unsubstantiated.
How to develop a correction action plan. The plan may suggest:
A recommendation for a subsequent audit or follow-up to the complaint and determination of when this is necessary.
A recommendation to refund any overpayments to federal government, insurance company or individual payer and when that may be the best course of action.
.
You are a corporate compliance officer for a hospital. You are alsoruthannemcmullen
You are a corporate compliance officer for a hospital. You are also a feature writer for
The Medical Reporter
, an online health magazine. The editor asks you to write an 8-10 page feature story about the steps you should take when fraud and abuse cases are reported to a facility. This is very timely as you recently received a call on your “hotline” regarding a potential fraud and abuse issue. The caller indicated that Dr. Greedy was billing for services that had not been provided. You are in danger of losing reimbursement for Medicare and Medicaid programs if this behavior is not stopped. Your feature should address the ethical and moral components that healthcare providers and healthcare facilities face with fraud and abuse issues. Your research should include the following aspects:
How to conduct an investigation. It should include the following elements:
Reviewing the initial complaint: What are the items you should look for in a compliant to determine validity?
Notifying the appropriate upper management of the complaint unless they are implicated in the complaint: What are the steps to take to determine who is involved?
Obtaining additional information as necessary and developing a plan for the investigation: What other items are important to the investigation?
Conducting interviews with staff, residents and/or management: Delineate the types of questions to ask in the interview.
Determining if the allegations are substantiated or unsubstantiated: Identify criteria to determine if substantiated or unsubstantiated.
How to develop a correction action plan. The plan may suggest:
A recommendation for a subsequent audit or follow-up to the complaint and determination of when this is necessary.
A recommendation to refund any overpayments to federal government, insurance company or individual payer and when that may be the best course of action.
By
the due date assigned
, deliver your assignment to the
Submissions Area.
Use the following file naming convention: LastnameFirstInitial_M5_A1.doc.
Assignment 1 Grading CriteriaMaximum Points
Discussed the process for reviewing the initial healthcare fraud and abuse complaint and the items to look for to determine validity.
-Explained the steps to take to determine who is involved in the complaint.32Discussed how to obtain additional information to develop a plan for the investigation and the items, which would be important to the investigation.-
-Explained how to conduct interviews with staff, residents and/or management and the types of questions to ask in the interview.-
-32Identified the criteria to determine if the allegations are substantiated or unsubstantiated.32Explained how to determine when a recommendation for a subsequent audit or follow-up to the complaint is necessary.
-Discussed the best course of action when a recommendation to refund any overpayments to federal government, insurance company or individual payer is warranted.
-Written Compon ...
Consider the vision for a successful Southwest Transit marketing tea.docxclarebernice
Consider the vision for a successful Southwest Transit marketing team composed in Topic 4. Narrow down the team selection to four individuals for presentation to the director. Decide which strategies will be most effective for leading the agreed-upon team. Compose a PowerPoint presentation (10-12 slides), then record your 5-7-minute presentation using YouTube Video, Loom, or Zoom. On the title slide of your PowerPoint presentation, provide the link to your YouTube, Loom, or Zoom video recording that you created. Your presentation should address the following:
Who are the four team members, and what was the primary reason each person was selected? How difficult was it to come to a decision regarding team selection? Which potential team member was most difficult to come to a consensus about? Why?
What are the primary strengths of the team? What are its potential weaknesses? How positive is the management team about the team's potential? Justify your answers with evidence from " Southwest Transit Team Member Profiles."
What strategies will be most effective for motivating the team, managing conflict, and ensuring success and fostering collaboration? Cite specific motivational theories, conflict-resolution strategies, and leadership strategies in your answer.
Justify how the selected team embodies the values of Conscious Capitalism how the tenet of stakeholder orientation played a role in the team selection process. Provide citations to strengthen your claims.
Describe how value is created for each stakeholder, and in what ways will the team positively impact the business as a whole?
You are required to use at least three academic references to strengthen and support your claims and recommendations. Ensure each content slide has supporting citations and specific examples.
.
Consider the various ways to create effective communication in teams.docxclarebernice
Consider the various ways to create effective communication in teams and guidelines from the text to determine how s a student group could constructively manage the situations described below. In your response for each scenario, identify which principles of effective teamwork are being disregarded, and develop responses (i.e. ways) that maintain a supportive communication climate.
A. LATENESS: At the second meeting, Peg came in a few minutes late. That was bad enough, but now she’s coming 10–15 minutes late to every meeting. What’s worse, Angelica and Robert have started arriving late, too. It makes the rest of us feel like giving up.
B. SKEPTICISM: Dan constantly makes negative comments. Our brainstorming activities fail because he makes fun of our efforts. Some people in the group are losing their enthusiasm and have stopped saying anything.
C. MONOPOLIZING: Rajiv is very opinionated. He keeps talking, and he rambles on and on. It feels like we can’t get a word in edgewise.
D. SILENT DISAGREEMENT: Adelle sits around rolling her eyes about almost everything we say. We can tell from the look on her face that she doesn’t like our ideas. It makes us feel like she doesn’t like us, either. She’s very pretty, and I think maybe she feels superior.
.
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Facts: Mr. Miranda was arrested at his residence, taken into custody, and subsequently brought
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by police officers for approximately two hours. Mr. Miranda subsequently confessed to the crime
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Analysis: The court held that
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significant way. (Miranda v. Arizona, 1966)
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without proper safeguards the process of in-custody interrogation of persons suspected or
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Therefore, a defendant
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presence of an attorney, and that if he cannot afford an attorney one will be appointed for
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1. The meaning for criteria is defined as a standard of
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An example of criteria is used when choosing the best c
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for a
jo
b a review of their qualifications and work history can help assist in choosing the best person for the
po
sition
. Criteria
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thered
by ask
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tient
questions of how they are feel
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,
wha
t symptoms they are having and running different test can help a physician to prove the
caus
e of ill
ness
.
My potential to
pic
for the
wor
kplace
problem is creating a
wor
k sch
edule
fo
r our receiving
de
partment
. The to
pics
that need to be ad
dr
essed
are; hours of o
peration
, current s
taffing
po
sition
, and to make
sur
e operations run
sm
oothly
. The two
rea
sons this is
bein
g addressed is to make
sur
e p
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From the e-Activity, identify the key aspects of the Fourth Amendment to the U.S. Constitution and analyze the manner in which it pertains to the average American citizen in regard to search a
nd
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The Fourth Amendment was created to keep government form seizing homes and searching homes that were suspected of being disloyal to the British King. In todays society the Fourth Amendment is to ensure the government respects its citizens privacy and their rights to be left alone by arbitrary interferences from law enforcement.
Identify 2 situations where a p
olice
officer may stop and question individuals based on their visual behavior, which is a
lso
known as a
patdown
. Next, give your opinion as to w
hether
or not the reasons why the police
patdown
the individuals are
vailid
in the situations you identified. Provide a rational for your response.
One situation where it is legal of officers to
patdawn
an individual on visual b
ehavior
is to identify someone who looks like a suspect named in an arrest warrant or if they match a d
iscription
of an (APB) all-points bulletin. The s
econd
where a
patdown
would be acceptable is in an emergency situation such as if the officer believes a person is armed and causes imminent danger to public safety. In my opinion these reasons are sound for a
patdown
based on visual behavior because if there is an arrest warrant for an individual and someone matches the description then the officer is obligated to
patdown
and question the individual. Also the individual may be a danger to him/her self or others so this would give officer cause to conduct a
patdown
. If an individual is considered to be a
rmed
and dangerous then an officer has the right to conduct a
patdown
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3.
Motivation is defined as the process that initiates, guides, and maintains goal oriented behaviors. The term motivation refers to factors that activate, direct, and sustain g.
Assignment 1 LASA 2— Corporate ComplianceYou are a corporate comp.docxfelicitytaft14745
Assignment 1: LASA 2— Corporate Compliance
You are a corporate compliance officer for a hospital. You are also a feature writer for
The Medical Reporter
, an online health magazine. The editor asks you to write an 8-10 page feature story about the steps you should take when fraud and abuse cases are reported to a facility. This is very timely as you recently received a call on your “hotline” regarding a potential fraud and abuse issue. The caller indicated that Dr. Greedy was billing for services that had not been provided. You are in danger of losing reimbursement for Medicare and Medicaid programs if this behavior is not stopped. Your feature should address the ethical and moral components that healthcare providers and healthcare facilities face with fraud and abuse issues. Your research should include the following aspects:
How to conduct an investigation. It should include the following elements:
Reviewing the initial complaint: What are the items you should look for in a compliant to determine validity?
Notifying the appropriate upper management of the complaint unless they are implicated in the complaint: What are the steps to take to determine who is involved?
Obtaining additional information as necessary and developing a plan for the investigation: What other items are important to the investigation?
Conducting interviews with staff, residents and/or management: Delineate the types of questions to ask in the interview.
Determining if the allegations are substantiated or unsubstantiated: Identify criteria to determine if substantiated or unsubstantiated.
How to develop a correction action plan. The plan may suggest:
A recommendation for a subsequent audit or follow-up to the complaint and determination of when this is necessary.
A recommendation to refund any overpayments to federal government, insurance company or individual payer and when that may be the best course of action.
.
You are a corporate compliance officer for a hospital. You are alsoruthannemcmullen
You are a corporate compliance officer for a hospital. You are also a feature writer for
The Medical Reporter
, an online health magazine. The editor asks you to write an 8-10 page feature story about the steps you should take when fraud and abuse cases are reported to a facility. This is very timely as you recently received a call on your “hotline” regarding a potential fraud and abuse issue. The caller indicated that Dr. Greedy was billing for services that had not been provided. You are in danger of losing reimbursement for Medicare and Medicaid programs if this behavior is not stopped. Your feature should address the ethical and moral components that healthcare providers and healthcare facilities face with fraud and abuse issues. Your research should include the following aspects:
How to conduct an investigation. It should include the following elements:
Reviewing the initial complaint: What are the items you should look for in a compliant to determine validity?
Notifying the appropriate upper management of the complaint unless they are implicated in the complaint: What are the steps to take to determine who is involved?
Obtaining additional information as necessary and developing a plan for the investigation: What other items are important to the investigation?
Conducting interviews with staff, residents and/or management: Delineate the types of questions to ask in the interview.
Determining if the allegations are substantiated or unsubstantiated: Identify criteria to determine if substantiated or unsubstantiated.
How to develop a correction action plan. The plan may suggest:
A recommendation for a subsequent audit or follow-up to the complaint and determination of when this is necessary.
A recommendation to refund any overpayments to federal government, insurance company or individual payer and when that may be the best course of action.
By
the due date assigned
, deliver your assignment to the
Submissions Area.
Use the following file naming convention: LastnameFirstInitial_M5_A1.doc.
Assignment 1 Grading CriteriaMaximum Points
Discussed the process for reviewing the initial healthcare fraud and abuse complaint and the items to look for to determine validity.
-Explained the steps to take to determine who is involved in the complaint.32Discussed how to obtain additional information to develop a plan for the investigation and the items, which would be important to the investigation.-
-Explained how to conduct interviews with staff, residents and/or management and the types of questions to ask in the interview.-
-32Identified the criteria to determine if the allegations are substantiated or unsubstantiated.32Explained how to determine when a recommendation for a subsequent audit or follow-up to the complaint is necessary.
-Discussed the best course of action when a recommendation to refund any overpayments to federal government, insurance company or individual payer is warranted.
-Written Compon ...
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Consider the obstacles that Phoenix Jackson had to overcome on h.docxclarebernice
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Each group needs to find 2 or more examples of each of the following conflicts that Phoenix Jackson faced.
a. Person vs Self
b. Person vs Person
c. Person vs Environment
d. Person vs Society
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Consider the nurse leader’s role in achieving the IHI Quadruple Ai.docxclarebernice
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Write a paper in which you address the following:
Identity your selected example of a transition of care.
Describe the key stakeholders that might be involved in this transition of care and the leadership strategies you would use to engage and influence them.
Explain how you, as a nurse leader along with your healthcare team, would apply systems thinking when providing a transition of care aligned with the IHI Quadruple Aim framework in order to improve it. Explain the fourth aim and strategy you would use and why.
Explain how systems thinking would inform your improvement plan for the specific transition of care you selected.
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Research should include:
1) music industry structure before downloads - Create a diagram to show the supply network
2) current music industry structure - Create a diagram to show the supply network
3) Remember to include terms such as: dintermediation, co-opetition, business ecosystem, dyads and triads, vertical integration, outsourcing etc
4) Create a power point presentation:
zero plagarism and proper APA formatting..
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Consider the mean of a cluster of objects from a binary transaction data set. What are the minimum and maximum values of the components of the mean? What is the interpretation of components of the cluster mean? Which components most accurately characterize the objects in the cluster?
Please ensure to cite the Author, YYYY with any content brought into the discussion. All discussions should contain at least one reference (and matching in-text citation in APA format).
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Create a chart that identifies various types of informal, formal, formative, and summative assessments (e.g., DRA, running records, DIBELS) used to assess students reading abilities.
Compare and contrast a minimum of five assessments, using the Depth of Knowledge resource for reference.
Use peer-reviewed articles and/or other research-based Internet sites in support of your content.
While APA format is not required for the body of this assignment, solid academic writing is expected, and in-text citations and references should be presented using APA documentation guidelines.
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The Open Window
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Comparing the forms you preferred in each case, what might that tell you about how you learn?
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Contrast Soviet and post-Soviet migration patterns within the Russian domain. Throughout the Soviet era Russian leaders relocated people to new locations, both in an attempt to extend Russian political and economic power and as a means of punishment—as prisoners were dispatched to a series of security sites: The Gulag Archipelago. Russian leaders viewed many of these relocations as part of a broader ‘Russification’ policy.
As the result of the circumstances above:
In the post-Soviet era, there has been a reversal of migration, and ethnic Russians are leaving the newly independent states (former republics) to return to Russia.
The assignment
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Following the demise of the Soviet Union, what will be the likely outcome of ethnic Russians leaving the newly independent states to return to Russia?
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Dive into the world of AI! Experts Jon Hill and Tareq Monaur will guide you through AI's role in enhancing nonprofit websites and basic marketing strategies, making it easy to understand and apply.
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Personal development courses are widely available today, with each one promising life-changing outcomes. Tim Han’s Life Mastery Achievers (LMA) Course has drawn a lot of interest. In addition to offering my frank assessment of Success Insider’s LMA Course, this piece examines the course’s effects via a variety of Tim Han LMA course reviews and Success Insider comments.
Read| The latest issue of The Challenger is here! We are thrilled to announce that our school paper has qualified for the NATIONAL SCHOOLS PRESS CONFERENCE (NSPC) 2024. Thank you for your unwavering support and trust. Dive into the stories that made us stand out!
Model Attribute Check Company Auto PropertyCeline George
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Prepare a presentation or a paper using research, basic comparative analysis, data organization and application of economic information. You will make an informed assessment of an economic climate outside of the United States to accomplish an entertainment industry objective.
The Roman Empire A Historical Colossus.pdfkaushalkr1407
The Roman Empire, a vast and enduring power, stands as one of history's most remarkable civilizations, leaving an indelible imprint on the world. It emerged from the Roman Republic, transitioning into an imperial powerhouse under the leadership of Augustus Caesar in 27 BCE. This transformation marked the beginning of an era defined by unprecedented territorial expansion, architectural marvels, and profound cultural influence.
The empire's roots lie in the city of Rome, founded, according to legend, by Romulus in 753 BCE. Over centuries, Rome evolved from a small settlement to a formidable republic, characterized by a complex political system with elected officials and checks on power. However, internal strife, class conflicts, and military ambitions paved the way for the end of the Republic. Julius Caesar’s dictatorship and subsequent assassination in 44 BCE created a power vacuum, leading to a civil war. Octavian, later Augustus, emerged victorious, heralding the Roman Empire’s birth.
Under Augustus, the empire experienced the Pax Romana, a 200-year period of relative peace and stability. Augustus reformed the military, established efficient administrative systems, and initiated grand construction projects. The empire's borders expanded, encompassing territories from Britain to Egypt and from Spain to the Euphrates. Roman legions, renowned for their discipline and engineering prowess, secured and maintained these vast territories, building roads, fortifications, and cities that facilitated control and integration.
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2024.06.01 Introducing a competency framework for languag learning materials ...Sandy Millin
http://sandymillin.wordpress.com/iateflwebinar2024
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The US House of Representatives is deeply concerned by ongoing and pervasive acts of antisemitic
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BÀI TẬP BỔ TRỢ TIẾNG ANH GLOBAL SUCCESS LỚP 3 - CẢ NĂM (CÓ FILE NGHE VÀ ĐÁP Á...
CJUS 530Case Study Critiques InstructionsYou are required to w.docx
1. CJUS 530
Case Study Critiques Instructions
You are required to write critiques of 2 case studies in the
course based on the articles provided in the assigned
modules/weeks’ Reading & Study folders.
Each case study critique must be between 3–5 pages (not
including the title, abstract, and reference pages) in current
APA format and must discuss the major facts of the case. You
must tell whether or not you believe the right decisions were
made and why. Follow the guidelines listed below:
· Identify the important facts in the case study.
· What decisions were or were not made in the case study?
· Do you believe the decisions or best practices were
appropriate?
· Discuss any alternative solutions to the problem and support
those solutions with additional research (in other words, support
your solution with similar cases).
· Conclusion
· Bibliography
· Make sure each section is labeled appropriately (Facts,
Decision, Alternative
Solution
, Conclusion).
· Citation style: current APA
· All papers must use the following format: Times New Roman,
12-point font, 1” margins from left to right and top to bottom,
and double spaced.
2. · Do not forget to review the grading rubric.
Each case study will be due by 11:59 p.m. (ET) on Sunday of
the assigned module/week.
Garrity Warnings: To Give or Not to Give, That Is the Question
By Eric P. Daigle, Esq., Daigle Law Group, Southington,
Connecticut; and Secretary, IACP Legal Officers Section
s I travel the country and work with different police
departments, I am troubled by the inconsistency and the
lack of knowledge of police management regarding use of
Garrity in administrative investigations. I have
learned that while investigators and management are aware of
the practice of using Garrity warnings, as created by
the case Garrity v. New Jersey,1 these warnings are
misinterpreted and misapplied throughout the United States.
In law enforcement organizations, the Garrity principle is an
important tool to provide officers the necessary
protections while still enabling departments to conduct thorough
and complete internal investigations. In a given
3. agency, what is more important: the criminal investigation or
the discipline of the employee for a violation of
department policy? It may matter whom one asks. In a given
department, is a Garrity warning given to compel a
statement if there is a potential criminal investigation?
During an administrative investigation of an officer, the agency
head or representatives (that is, internal affairs
investigators) are permitted to and generally should compel the
subject officer to truthfully answer questions that are
narrowly tailored to the scope of the subject’s job as a police
officer. The basic principle of Garrity is that when the
statement taken from the subject officer is compelled, the
statement and the evidence derived from the statement
cannot be used against the subject officer in a criminal action
against the officer arising from the same circumstances
about which the officer was questioned. This article attempts to
clarify—or asks readers to consider—whether
agencies are applying Garrityprinciples inconsistently because
of a clear lack of judicial interpretation, creating the
perceived belief that the agency cannot question its own
employees.
The Garrity Principle
4. In Garrity v. New Jersey, the U.S. Supreme Court established
some straight forward rules regarding situations in
which police officers are compelled to provide statements to
their employers.
Under Garrity, an incriminating statement obtained from an
officer who is compelled to provide the statement under
the threat of job loss if the officer invokes the right to remain
silent may not be used against the officer in a criminal
proceeding. The court found that such a statement is deemed
coerced if the officer is denied a meaningful
opportunity to assert Fifth Amendment rights. The court
reasoned that it is unacceptable to put an officer in the
position of choosing whether to self-incriminate or to risk job
loss for invoking the Fifth Amendment.
The application of Garrity warnings provides that an employee
can be ordered to cooperate in an internal or
administrative investigation and be compelled to truthfully
answer questions that are specifically, directly, and
narrowly related to the employee’s official conduct. Any
statements made pursuant to an order to cooperate in such
an investigation—and any evidence derived from that
5. statement—may not be used against the employee in a
criminal proceeding. For Garrity to apply, the statement must be
compelled and not voluntary.
Garrity is a management prerogative that should not be part of
the collective bargaining agreement that would allow
subordinate officers the authority to invoke it to protect
themselves. The principle and its application have been
established by the U.S. Supreme Court, and there is no reason
for management to expand the privilege. Yet, why is
the law not being consistently applied? Many departments have
taken Garrity, allowed it to be stretched beyond its
intended purpose, and have applied a blanket application to
routine parts of an officer’s job duty or routine
documentation of activities. The result is the apparent exclusion
or loss of important evidence that may serve to
quickly exonerate officers who have followed department policy
and quickly discipline officers who have failed to
follow policy. At the other end of the spectrum, some
departments have failed to shield involuntary statements
obtained through Garrity warnings from criminal investigators
or prosecutors. This practice has the effect of tainting
information obtained from these statements and the possibility
to render unusable other critical evidence in a criminal
prosecution.
6. Application of the Garrity Principles
http://www.policechiefmagazine.org/magazine/index.cfm?fuseac
tion=print_display&article_id=2820&issue_id=122012#1
On the operational side, when providing Garrity warnings, the
interrogating officer must inform the subject officer that
compelled responses cannot be used against the officer in a
criminal proceeding and will be used only for
administrative purposes. The officer must be told that failure to
respond to the questions asked during the
administrative process may result in discipline up to and
including termination. Before a department may discipline an
officer for refusing to answer questions, it must direct the
officer to answer questions under the threat of discipline
and provide a warning that refusal to answer questions will
result in discipline or termination. In addition, the
questions asked must be specifically, directly, and narrowly
tailored to the officer’s duties or fitness for duty, and the
department must advise the officer that any responses will not
be used against the officer in a criminal proceeding.
7. The Garrity warnings, however, do not give an employee a right
to lie when giving a statement. On the contrary, if the
employee is provided Garrity warnings and a compelled
statement is obtained, the employee could be subject to
criminal charges if the employee makes false statements during
the interview. If, after being given Garrity warnings,
the employee chooses not to answer questions narrowly tailored
to the officer’s job duties, the agency can impose
strong disciplinary action for this act of insubordination up to
and including termination.
While the practice of labor law is unique in specific areas, what
I have seen recently is an erosion of these basic
principles because of fear of what a labor board or civil service
commission will say or do in response to discipline
imposed, inadequate knowledge, or the perception and influence
of prosecutors who are more worried about their
criminal prosecutions than the integrity of the police force.
In McKinley v. City of Mansfield,2 the police department
conducted an internal administrative investigation into the
improper use of police scanners to eavesdrop on cordless
phones and cellphones, and interviewed more than thirty
police officers. One officer questioned under Garrity warnings
was Officer McKinley, who was interviewed twice
8. following allegations that he provided untruthful answers during
his first interview. During the second interview, the
investigator made it clear that he was interviewing McKinley a
second time related to allegations of lying during the
first interview. Therefore, at the time of the second interview,
McKinley was under criminal investigation for lying.
McKinley, however, was still under the Garrity warnings at the
time of the interview. During the second interview,
McKinley provided statements that contradicted statements
made during the first interview and, in fact, admitted to
providing false statements. Once the internal investigation was
complete, investigators turned over the information
they had gathered, including McKinley’s statements, to the
prosecutor. Based on the findings of the internal
investigation, the department terminated McKinley—who was
later reinstated with back pay and benefits following
collective bargaining agreement arbitration.
McKinley, who was charged with falsification and obstruction
of official business, moved to suppress his recorded
statements provided during the internal investigation. The trial
court denied the motion, and McKinley was convicted.
The appellate court held that McKinley’s statements were
inadmissible based on the department’s agreement not to
use his statements in any prosecution against him and vacated
9. the convictions. McKinley then filed a lawsuit against
the City of Mansfield and certain police officials, alleging that
they violated his Fifth Amendment rights by forcing him
to make incriminating statements that were later used in a
prosecution against him. The defendants moved for
summary judgment, which the trial court granted. On appeal the
appellate court reversed in part the trial court
decision and remanded for further proceedings.
The appellate court stated that as a matter of the Fifth
Amendment, Garrity provides that an officer’s compelled
incriminating statements may not be used in a later prosecution
for the conduct under investigation. Garrity, however,
does not preclude the use of compelled statements in the
prosecution for false statements or obstruction of official
business. Consequently, McKinley’s false statements during the
first interview could be used during the prosecution
against him. The compelled statements made during the second
interview, however, were still made under the
promise of Garrity.
The appellate court stated that the investigator targeted
McKinley for a criminal investigation during the second
interview but still compelled his statements under Garrity.
Accordingly, the court held that McKinley could pursue his
10. claim against the city and the investigators for giving his
Garrity statements to the prosecutor, even though it was the
prosecutor’s decision to use the statements. Furthermore, the
investigators were not entitled to qualified immunity for
their actions.
Distinguishing between Statements and Routine Reports
Another area that needs to be addressed is the completion of
departmental reporting forms. Department personnel
http://www.policechiefmagazine.org/magazine/index.cfm?fuseac
tion=print_display&article_id=2820&issue_id=122012#2
must educate themselves as to when and how to utilize Garrity
warnings and when an officer’s statements are a
necessary part of the officer’s job and do not constitute a
compelled self-incrimination statement. For example, during
the documentation and reporting of a standard use-of-force
incident, an officer’s statement regarding the
circumstances surrounding the event is not a compelled
statement under Garrity. To utilize Garrity warnings for every
use-of-force statement overly expands the protections of
11. Garrity.3
Back to the question with which we started. What is more
important—the criminal investigation or the discipline of the
employee for a violation of department policy? It appears that
prosecutors are overreaching and trumping the rights of
police chiefs to terminate employees by insisting that the
employees not be questioned as part of an administrative
investigation. From an operational perspective, while a criminal
investigation is important, is internal discipline any
less important? While we want to have criminal acts punished,
is it not equally important to complete an
administrative investigation and take necessary actions,
including the timely termination of the employee? What
seems to have been forgotten is the fact that an agency head has
an obligation to make sound operational and
personnel decisions that are reflective of the integrity expected
by the public. Police chiefs have told me that
prosecutors have instructed them that administrative
investigations must be suspended pending a criminal
investigation so as to not taint any potential evidence that may
be obtained through a compelled statement, rendering
it unusable during a criminal proceeding. It is, however, a rare
instance when such a delay is necessary, with one
exception being when the involved law enforcement institutions
12. do not fully respect and adhere to the legal
parameters protecting compelled statements from disclosure to
anyone outside of the administrative chain of
command.
If departments conduct internal administrative and criminal
investigations simultaneously, they should be done in a
manner that does not compromise the integrity of either
investigation. In other words, during an internal investigation,
investigators should compel statements from involved police
officers only for a sound administrative reason. For
example, though the involved officer may have committed a
criminal offense, it may be more important to quickly
complete the administrative investigation and, if warranted, rid
the agency of the officer rather to endure the inevitable
prosecution delays. In another instance where criminal
prosecution is clearly warranted, it may be important to
complete the administrative investigation and, if warranted,
discharge the officer prior to any criminal prosecution so
as to not be appearing to rely on a conviction as the basis for
the discharge. In any event, the agency has an
absolute obligation to the community and to the integrity of the
agency to thoroughly investigate and expeditiously
conclude administrative investigations.
13. Furthermore, if investigators provide Garrity warnings and
compel an officer’s statement, they may not provide such
statements to a prosecutor for use in a criminal proceeding
related to the matter under investigation. Providing
a Garritystatement to prosecutors for any purpose, even just for
review and even if not used during proceedings, will
expose the agency head and the department to an onslaught of
lawsuits from affected police officers. As with many
legal issues, there is a delicate balance of interests and
priorities that must be examined on a case-by-case basis. ♦
Notes:
1Garrity v. New Jersey, 385 U.S. 493 (1967).
2McKinley v. City of Mansfield, 404 F.3d 418 (2005).
3See Karen J. Kruger, “When Public Duty and Individual Rights
Collide in Use-of-Force Cases,” Chief’s Counsel, The Police
Chief 76, no. 2
(February
2009),
http://www.policechiefmagazine.org/magazine/index.cfm?fuseac
tion=display&article_id=1723&issue_id=22009 (
accessed October 25, 2012).
14. Please cite as:
Eric P. Daigle, "Garrity Warnings: To Give or Not to Give, That
Is the Question," Chief’s Counsel, The
Police Chief 79 (December 2012): 12–13.
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