Neutral
Investigations/Evaluations
I’ve
counseled and written about this issue numerous times. So often well-intended people, thinking they
are being neutral wind up only considering evidence that supports either the
allegation, or their personal point of view.
This is human nature.
I’ve
always believed that this was true in subjective areas, such as whether someone
is telling the truth or lying, or if they sexually harassed someone, or
inadvertently insulted them. Eye witness
identification is a classic example of how wrong people can be when they think
they know the person who was responsible for the crime. Research has shown, over and over again, that
eye witness identification is extremely faulty and subject to all sorts of
influences.
HR and
legal evaluations often go about their investigation looking solely for
evidence that supports allegations – and refuse to listen to those that would
refute it. I’ve read many reports which
argue that the person trying to give evidence on the other side is either
“denying” or “lying.”
The
other day I attended a lecture by a brilliant presenter, Dr. Itiel Dror who is
a world renowned neuroscientist and a leading expert on cognitive bias in
expert testimony in the criminal justice system.
Among
the many things he said:
· There
is lots of research that says your cognitive bias affects your
conclusions. If you change the scenario
(for example give them two sets of the same person’s fingerprints to be
compared to a third set – but in case A saying that the person was found guilty
and in case B saying that they knew the person was not guilty) the fingerprint
t experts (with many years of experience) will find differently. In case A they will see a match, whereas in
case B they will determine that the two prints are dissimilar
· Motivation
influences visi9al perception – he showed us a few examples which I am unable
to copy here – but looked at one way they mean one thing and another way a
different object. You’ve all see the
vase and the people example – he showed two others.
· There
is also confirmation bias – confirming a point of view – which is what I’ve
mentioned above. Disconfirming
information is ignored.
· He says
seasoned experts minimize cognitive contamination – in the same way we protect
against physical contamination. In their
desire to get to the pure information, they protect themselves against other
information coming in.
In pure
research we try to avoid contamination and reduce the experimental design to
clean out as many variables as possible.
Dr. Dror suggests that when a case is given to a forensic expert, it
should be given with as little additional information as possible.
He drew a quadrant:
Relevant Not Relevant
Biasing
Non-Biasing
And he suggested
that experts be given only the information that is both relevant and
non-biasing. They must be blind to
irrelevant information. If necessary,
there could be sequential unmasking of information.
Now,
unfortunately, this is not entirely possible in our workplace evaluations of an
allegation of misconduct – but we should strive to be as neutral and un-biasing
as possible. If the person interviewing
the complainant doesn’t give other than the very basic information to an
evaluator, without suggesting that the complainant was believable or not, or
had other incidents, or that there were other complaints against the alleged
perpetrator than at least we reduce some of the bias.
It is
also critically important to know your own prejudices. We all have them – the more aware and honest
with yourself you are the less likely you are to pre-judge based on them. It is so important to be as neutral as
humanly possible when doing evaluations and investigations.
Labels: evaluations, experimenter bias, investigations, jumping to conclusions, neutrality