Course Description
It’s been over 40 years since we were all introduced to those 12 factors identified in the Merit System Protection Board’s landmark Douglas v. VA decision, the most cited case in Federal employment law. But you don’t have to go back to the Reagan Administration to find examples of agencies’ misunderstanding and/or misapplying those factors.
Just look at a any recent batch of MSPB decisions and you’ll find continued confusion about how to appropriately determine a penalty – and clarity from the Board about their view on Douglas.
Instructor and attorney Ann Boehm will share recent case law, highlighting how agencies correctly use the Douglas factors and also how they have been misapplied. She will answer all your Douglas questions, such as: Do the factors go in the proposal or the decision? What do OPM’s new regs say about the Douglas factors? What’s the best way to prevent penalty mitigation?
Learning takeaways
Attendees will learn how to:
- Understand the Douglas factors principles
- Explain when and how to use each factor
- Avoid the too-common Douglas mistakes that sink your case
Date and Time
Tuesday, April 23, 2024, 1:00 – 2:00pm ET
Instructor
Registration
Download Individual Registration Form
Pricing
- Early Bird Tuition (register by March 24): $145
- Standard Tuition (register March 25-April 23): $195
- Rates per registrant.
- Want to register a group? Group discounts for 10 or more attendees are available through March 24. Contact FELTG.
Event FAQs
- Can I attend Virtual Training from my government computer?
- FELTG uses Zoom to broadcast this Virtual Training Institute event. Many government computers and systems allow Zoom access. If for some reason your firewall will not allow access, you’re welcome to use your personal email address to register, and to attend the sessions from your personal device.
- Can I earn CLE credits for this class?
- CLE applications are the responsibility of each attendee; FELTG does not apply for the credits on behalf of attendees. If you are seeking CLE credit, attendees may use the materials provided by FELTG in submission to your state bar. Attendees may also request a certificate of completion which will contain the number of training hours attended.
- Can I share my access link with co-workers?
- No. Registration for this event is per individual, and access links may not be shared. Each link may only be used by one person.
- Can I register a teleworker?
- This event is individual registration, so the cost is the same whether the person is teleworking or in an agency facility.
- How do I receive a group rate discount?
- Group rates are available for agencies registering 10 or more individuals. Group discounts are available through March 24.
Cancellation and No-show Policy for Registered Participants: Cancellations made after the cancel date on the registration form will not be refunded or given credit toward future courses. Pre-paid training using the “Pay Now” option will not be refunded or given credit toward future courses. No-shows will not be refunded or given credit toward future courses.
Course Description
Investigating harassment in your Federal agency can be an intimidating assignment, one that is rife with innuendo, conflicting accounts, and raw emotions. Ensuring that your investigation is legally compliant and protects employees, while helping the agency minimize liability, is a taxing task.
Together, these three instructor-led live training sessions will provide a solid basis for a successful and effective approach to conducting legally sufficient harassment investigations that stand up upon third-party review. Peruse MSPB and EEOC cases and you’ll find that poorly conducted investigations are far more common than they should be, and the cost of these investigations to agencies are bigger than you’d expect.
Understand the differences between EEO and non-EEO harassment. Learn the best techniques to conduct an investigation – whether onsite or virtually. Write a report that covers all the crucial information. Learn to conduct investigations virtually, as more are done since the pandemic. And much more.
This open enrollment FELTG Virtual Training Institute program Conducting Effective Harassment Investigations offers opportunities to ask questions of FELTG’s experienced instructors, and get answers in real time. Plus, this program fulfills the requirements for 8-hour annual EEO investigator refresher training.
You can register for any of the sessions individually, or you can register for all three. This program runs from 1:00 – 4:30 eastern each day, with a 30-minute break midway.
Tuesday, April 30, 2024
Session 1: Investigating Harassment: Misconduct Principles
1:00 pm – 4:30 pm eastern (30-minute break midway)
Presented by Deborah J. Hopkins, Attorney at Law, FELTG President
Course Description: An effective harassment investigation begins with a solid foundation of misconduct law in the federal workplace. Attorney and FELTG President Deborah J. Hopkins will explain the principles that underpin a successful investigation of federal employee misconduct, whether it’s on-duty or off-duty. Attendees will learn the five elements of discipline and understand how they relate to the misconduct investigation process. Plus, they’ll learn about evidence standards and burdens of proof in misconduct cases, how Douglas factors play into an investigation, the importance of nexus, what to do when a witness won’t cooperate, and much more.
Learning Objectives
Attendees will learn how to:
- Identify the relationship between the foundations of federal accountability and misconduct investigations.
- Identify and collect relevant penalty evidence during the investigation.
- Recognize the mistakes that derail effective misconduct and harassment investigations.
Wednesday, May 1, 2024
Session 2: Understanding Harassment and Planning the Investigation
1:00 pm – 4:30 pm eastern (30-minute break midway)
Presented by Katherine Atkinson, Attorney at Law, FELTG Instructor
Course description: What is the scope of the investigation? Who should you interview? What documents are you going to need? Preparing your investigative plan is a critical step in developing a legally sufficient investigation. Attorney Katherine Atkinson will explain the proper role of the investigator and how you can avoid the pitfalls of an insufficient investigation with the proper preparation and knowledge. Plus, she’ll answer important questions about representation: Does the witness have the right to a representative? Does the union have a right to attend the interview – even if the witness doesn’t want the union there? What rights does agency management have in the process?
Learning Objectives
Attendees will learn how to:
- Discern the difference between EEO and non-EEO harassment, and the impact that has on the investigations’ legal sufficiency.
- Identify witness rights and management rights.
- Recognize the three basic characteristics of evidence in a harassment investigation.
Thursday, May 2, 2024
Session 3: Conducting the Investigation and Writing the Report
1:00 pm – 4:30 pm eastern (30-minute break midway)
Presented by Katherine Atkinson, Attorney at Law, FELTG Instructor
Course description: Attorney Katherine Atkinson will share legal principles and proven guidance to navigate this most critical and challenging part of harassment investigations: conducting the interviews and gathering relevant evidence. Attendees will leave the session with techniques for questioning, tools for reading body language, suggestions on how to handle difficult personality types, and tips for writing the fact-finding report (FFR) and report of investigation (ROI). Ms. Atkinson will also share how technology is changing the investigation process, including a timely discussion of conducting virtual interviews.
Learning Objectives
Attendees will learn how to:
- Identify the similarities and differences in conducting onsite and virtual interviews.
- Apply logic and judgment to evaluate conflicting statements.
- Write a fulsome report on the findings from the harassment investigation.
Registration
Download Individual Registration Form
Price
- Early Bird Tuition (register by March 31): One Session = $495 | Two Sessions = $825 | Full Event = $1095
- Standard Tuition (register April 1 or later): One Session = $595 | Two Sessions = $925 | Full Event = $1195
- Rates per registrant. No split registrations permitted.
- Want to register a group? Group discounts are available through March 31. Contact FELTG.
- REGISTER NOW.
Event FAQs
- Can I attend Virtual Training from my government computer?
- FELTG uses Zoom to broadcast this Virtual Training Institute event. Many government computers and systems allow Zoom access. If for some reason your firewall will not allow access, you’re welcome to use your personal email address to register, and to attend the sessions from your personal device.
- Can I earn CLE credits for this class?
- CLE applications are the responsibility of each attendee; FELTG does not apply for the credits on behalf of attendees. If you are seeking CLE credit, attendees may use the materials provided by FELTG in submission to your state bar. Attendees may also request a certificate of completion which will contain the number of training hours attended.
- Can I share my access link with co-workers?
- No. Registration for this event is per individual, and access links may not be shared. Each link may only be used by one person.
- Can I register a teleworker?
- This event is individual registration, so the cost is the same whether the person is teleworking or in an agency facility.
- How do I receive a group rate discount?
- Group rates are available for agencies registering 10 or more attendees for the full event. Group discounts are available through March 31.
Cancellation and No-show Policy for Registered Participants: Cancellations made after the cancel date on the registration form will not be refunded or given credit toward future courses. Pre-paid training using the “Pay Now” option will not be refunded or given credit toward future courses. No-shows will not be refunded or given credit toward future courses.