Conduct of Investigations

An investigator shall investigate all complaints in accordance with 115 CMR 9.10 and document the results in an investigation report. (1) Interviews. (a) The investigator shall hold a private face-to-face interview to discuss the complaint with the following persons, preferably but not necessarily, in the following order: 1. the alleged victim; however, the investigator may conclude that under the circumstances an interview of the alleged victim would cause further harm and therefore shall not occur; and 2. the alleged abuser(s). (b) The investigator shall interview the following persons: 1. the complainant, unless the complainant is the alleged victim and the investigator determines that an interview would cause harm to the alleged victim and therefore should not occur; 2. eye witnesses to the allegations in the complaint; and, 3. other persons the investigator considers appropriate. (c) Prior to an interview, the investigator shall inform the person to be interviewed, of the following: 1. the existence of the complaint, the general nature of the allegations and his or her role as the investigator; provided, however, the investigator shall not inform the person to be interviewed of the identity of the complainant; 2. the person may be represented by one of the following: an attorney, legal advocate, union representative, or competent person of his or her own choice who is 18 years of age or older and who is not otherwise involved in the investigation; 3. the person has an obligation to cooperate in the investigation and that failure to cooperate, where applicable, may result in disciplinary action, including termination, or in departmental action adverse to the provider. (d) Whenever a person refuses to be interviewed, the investigator shall record the refusal in the investigation report. If the investigator does not interview the alleged victim for reason(s) other than refusal to be interviewed, the investigator shall record in the investigation report the reason(s) why such interview did not occur, including the basis for any determination that the interview would cause harm. (2) Review of Pertinent Documents. As part of the investigation, the investigator shall review and shall have the right to obtain copies of all pertinent documents, including, but not limited to: (a) medical and clinical records pertaining to an injury; (b) incident reports; (c) the case record of an individual involved in the complaint; (d) restraint forms completed in connection with the complaint under investigation; (e) personnel records; (f) policies, procedures or guidelines of the Department and the provider involved or employer of the person complained of; (g) photographs of any injury or property damage; (h) previous related cases investigated or reviewed pursuant to M.G.L. c. 19C or 115 CMR 9.00; and, (i) any documents determined by the investigator to be relevant. Providers shall make all records available to the investigator upon request. (3) Site Visit. The investigator may visit and inspect the site of the incident, occurrence or condition as a means of gathering additional evidence and gaining a better understanding of the context of the allegations. (4) Additional Inquiries. The investigator may employ such other investigatory techniques as determined appropriate in his or her professional judgment under the circumstances, including consultation with clinical experts. (5) Request for Extension. The senior investigator or investigator may submit a request for an extension of a time limit set forth in 115 CMR 9.00 upon a showing of necessity and that the delay will not pose a threat to the safety of the individual involved. A staff investigator shall submit such request to the senior investigator; a senior investigator shall submit such request to the director of investigations or designee. A request for an extension shall be in writing, explain why an extension is needed, and propose a new time limit which does not unreasonably postpone a final resolution of the matter. If approved, the extension request shall be forwarded to the director of investigations by the senior investigator or designee. The senior investigator or designee shall then send a notice of extension to the parties. (6) DPPC Investigations. The investigations division shall adhere to the regulations and procedures of the DPPC when investigating complaints assigned to it by the DPPC pursuant to M.G.L. c. 19C.