Investigating with Empathy: Trauma-Informed Investigations

 
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In today's workplace, it is essential to recognize the impact of trauma on individual behavior and responses. Trauma-informed investigations are a powerful tool for addressing these issues in the workplace; they provide an opportunity to create a safe and supportive environment while efficiently gathering facts within an investigation process. This article explores how such investigations work - from the importance of creating support spaces through providing tips on conducting efficient inquiries - ensuring that everyone involved can engage feeling secure throughout the entire process.

What Are Trauma-Informed Investigations?

As workplaces become more aware of the impact that trauma can have on a person's behavior and reactions, investigating these instances with empathy has never been more important. Trauma-informed investigations go beyond uncovering facts to create an understanding environment for those affected by workplace incidents; taking into account any lasting effect their experiences may have had.

Trauma-informed investigations are designed to create an environment of understanding, respect, and empathy. Through such a process, power dynamics within the workplace are acknowledged while seeking to minimize any re-traumatization experience by those involved; they provide an invaluable approach that gives voice to individuals who have faced trauma in their lives.

Trauma-informed investigations involve taking into account the unique needs of victims who have experienced trauma in their workplaces. These investigations must maintain a focus on understanding the effects of trauma while also recognizing that victims can experience different levels of distress throughout the investigation process. The goal is to create a safe and supportive environment where victims can feel comfortable providing information about their experiences with workplace misconduct.

The Importance of Creating a Safe and Supportive Environment

An effective investigation into workplace misconduct depends on creating a secure, supportive environment for all involved. 

We must demonstrate respect and care to survivors throughout the process while understanding that re-traumatization could be triggered should there not be proper protection in place. If we're not mindful of this potential consequence, it may discourage individuals from participating further – limiting our ability to successfully investigate such matters.

Creating a safe and supportive environment is crucial during an investigation. This can include the use of confidential and private spaces for interviews, and communicating with individuals who may have experienced trauma in a sensitive and respectful manner. It's also important to be aware of the impact of language, tone, and body language when communicating with people who have experienced trauma. 

 Documenting and reporting the findings of the investigation is also crucial. It's important to be sensitive and respectful when reporting the findings, taking into account the impact of trauma on individuals and how it may affect their behavior and responses. 

Tips for Conducting an Effective Investigation

When conducting a trauma-informed workplace investigation, it is important to remember that each case is unique and should be approached as such. 

Here are some tips for conducting an effective trauma-informed investigation:

  • Utilize experts in areas such as mental health or psychology if necessary: For example, work with a therapist or counselor who specializes in trauma to ensure that the investigation is conducted in a way that is sensitive and respectful to the employee's well-being.

  • Be prepared for emotions: Be prepared for the emotional nature of the investigation. For example, be prepared for the possibility that the employee may become emotional during the investigation, and have a plan in place to support them, such as providing them with a break or a support person.

  • Be patient: Be patient with the process and the people involved, remember that healing takes time, and provide support and resources to the employee throughout the process.

  • Be aware of the impact of trauma: For example, if an employee has reported experiencing sexual harassment, be aware that they may have experienced trauma as a result of the harassment, and that this could impact how they interact during the investigation.

  • Create a safe and supportive environment: For example, ensure that the location where the investigation takes place is private and that the employee is comfortable with the location. Provide the employee with a support person of their choice, such as a therapist or union representative, to accompany them during the investigation.

  • Use a trauma-informed approach when interviewing: For example, avoid asking leading or loaded questions, avoid asking the same question multiple times, and avoid using jargon or technical language.

  • Understand power dynamics: For example, if the person being investigated is a manager and the person who reported the incident is an employee, be aware of the power dynamic and take steps to ensure that the employee feels safe and supported during the investigation.

  • Keep it confidential: For example, ensure that the employee's name and any identifying information are kept confidential and only shared with those who need to know, such as the investigator, human resources, and the employee's immediate supervisor. This may already be a regular practice as part of your investigative process and/or required by the jurisdiction in which you are investigating. 

  • Document and report the findings sensitively: For example, when reporting the findings, avoid using language that may be triggering, and, if appropriate, provide support and resources for the employee who has experienced trauma.

  • Offer support: For example, employers may have resources like Employee Assistance Programs (EAPs) that include counseling services and or information about local support groups. 

In conclusion, conducting a trauma-informed workplace investigation requires skill, experience, and knowledge in order to ensure proper protocols are followed while also ensuring that all involved parties are treated with respect throughout the process. By understanding what trauma-informed investigations entail, attorneys and workplace investigators can provide their clients with quality service while helping them create safe work environments free from discrimination or harassment for all employees. 

For more information about how to conduct effective trauma-informed investigations, contact Wagner Legal to schedule a consultation today.  And don’t forget to subscribe to receive the Legal Cut, a newsletter built to keep you informed with the latest legal insights of the entertainment industry!


If you want to learn more about trauma-informed investigations, there are many resources available online, such as the National Child Traumatic Stress Network (NCTSN) or the National Center for Trauma-Informed Care. They offer guidance on how to support individuals who have experienced trauma and how to create a trauma-informed environment.

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