Services

Workplace Investigations

An impartial, external investigation conducted by a skilled professional allows an employer to make informed and confident decisions about sensitive personnel matters. In some cases, it is required by law. In others, it is a best practice.

Either way, we can help.

Nearpass & Koegel PLLC provides timely, thorough, and impartial investigations into complaints of discrimination, harassment, and other misconduct in the workplace. The firm’s investigation services are essential to organizations when HR or senior leadership are accused of wrongdoing; when there is likely to be publicity around a claim; when highly sensitive matters (such as allegations of sexual assault) arise requiring an investigator with specialized training; or when overflow support for internal staff is needed.

We handle the following types of workplace complaints:

  • Sexual assault and other sexual misconduct

  • Workplace harassment, including sexual and race-based harassment

  • Discrimination based on protected classes, including but not limited to: age, disability, ethnicity, gender, gender identity/expression, national origin, pregnancy, race, religion, and sexual orientation

  • Bullying

  • Retaliation

  • Leave law compliance and retaliation

  • Wage and hour compliance

  • Whistleblower claims

  • Safety concerns

  • Theft in the workplace

  • Workplace misconduct 

  • Violation of any other workplace policy, rule, expectation, or code of conduct

Leveraging their experience as investigators and labor and employment attorneys, Kate Nearpass and Rachel Koegel conduct prompt and thorough investigations that capture key information without disrupting your business. Nearpass & Koegel PLLC’s investigative reports provide sound factual and credibility determinations and allow your business to make informed decisions promptly and effectively to address problems in the workplace.

Nearpass & Koegel PLLC is committed to providing fair and thorough investigations that fit the needs of your organization in an expeditious and cost-effective manner.

Services

Campus and School Investigations

The attorneys of Nearpass & Koegel PLLC have significant experience with higher education investigations, including those involving Title IX and sexual assault, and Nearpass & Koegel PLLC is positioned well to help you navigate the complex world of Title IX and other investigations in academic settings. Our attorneys’ extensive depth and breadth of experience includes investigations into matters involving faculty, staff, students, senior administrators, athletics, and campus Greek life. 

  • Sexual assault and other sexual misconduct, including dating/domestic violence, stalking, and sexual exploitation under both Title IX and NYS Educ. Law 129b (NY’s “Enough is Enough” law)

  • Harassment, including sexual harassment and race-based harassment

  • Discrimination based on protected classes, including but not limited to: age, disability, ethnicity, gender, gender identity/expression, national origin, pregnancy, race, religion, and sexual orientation

  • Hazing and bullying

The types of campus and school matters we investigate include: 

  • Faculty/staff behavior and professionalism

  • Faculty/staff/student relationships

  • Research misconduct

  • Academic honesty and integrity

  • Student code of conduct violations

  • Tenure and tenure revocation

  • Safety concerns

  • Theft of and damage to college or university property

  • Unauthorized use of property or facilities

Services

Training

We can provide training to your business’s human resource professionals and managers on topics including:

  • Preventing discrimination and harassment in the workplace or school

  • NYS-mandated sexual harassment training

  • Conducting effective internal investigations

  • Managing reasonable accommodations and compliance with disability laws

  • Social media in the workplace

  • Effective performance reviews and disciplinary processes

We will work with you to develop a customized program to address the unique environment and employment issues of your workplace. Contact us to discuss your training needs.

Services

Title IX Hearing and Appeal Officer Services

With our extensive experience in the adjudication process of student sexual misconduct matters, we routinely serve as hearing officers and appeal officers in Title IX and other sexual misconduct proceedings.

Title IX Informal Resolution Facilitation Services

Informal resolutions can provide a valuable avenue to navigate complex sexual misconduct matter with tact, empathy, and a commitment to promoting effective communication and conflict resolution.  

Interim Title IX Coordinator Services

The firm’s attorneys have experience in the Title IX coordinator position and we are prepared to fill this role in educational institutions who find themselves between full time Title IX coordinators.

Expert Testimony

With years of experience in managing litigation, advising clients, and conducting investigations, we are equipped to provide expertise on the adequacy of an investigation under industry standards and company policies and practices.

Mediation

The firm can provide conflict resolution services in both workplace and academic settings that can be customized to your particular needs.

Title IX Hearing Manager Services

The firm can help Title IX coordinators administer the formal Title IX hearing process.