Higher-Education and Collegiate Sports Investigations and Associated Risk Management Issues

Recent college campus investigations involving athletic, academic and other issues have made national headlines and generated significant online comments and discussions. The cases demonstrate that organizations and their legal counsel should be diligent and proactive in conducting objective investigations, identifying risks and remedying potential issues.

Michael L. Buckner, a Fort Lauderdale-based sports and education attorney, and Lori A. Williams, a Houston-based sports and education attorney and risk management consultant, use the lessons, strategies and best practices from higher-education and college sports investigations to assist attorneys with conducting efficient and effective internal investigations, as well as address investigative issues affecting colleges and universities today. Additionally, the presenters explore how attorneys can assist clients in identifying and mitigating risk exposures.

Learning Objectives:

I.     Understand the importance of possessing an internal investigation policy

II.    Identify issues in receiving the allegation and making the initial decisions, including: 

• how to select the investigator
• how to plan an internal investigation 
• how to retain and collect evidence

III.   Grasp various strategies to consider when conducting interviews

IV.   Recognize when and how to work with outside experts and how to interact with regulatory agencies during internal investigations

V.    Appreciate the key elements of an investigative report

VI.   Comprehend the ethical issues, including: 

• warnings to witnesses
• representational issues
• the rights of students and employees