POSTED: Monday May 3rd 2010
FOR IMMEDIATE RELEASE

Collegiate Administration Best Practices

When Should an Interpreter be used to Interview Persons during an Investigation?

Colleges and universities recruit and enroll an increasingly large number of student-athletes from foreign jurisdictions. A sizeable amount of international student-athletes are fluent in English. However, some international student-athletes have difficulty comprehending English slang/nuances or struggle to articulate complete thoughts in English. As a result, if an international student-athlete is questioned during an internal investigation of alleged NCAA rules-violations, an internal investigator should determine whether an interpreter should be used during the interview.

The investigator conducts an investigation interview “to develop information from a subject and assess the credibility of that information”. Accordingly, the investigator “must ask the right questions, phrase questions properly, ask appropriate follow-up questions and evaluate the subject’s verbal, nonverbal and paralinguistic communication.” The investigator’s success at each task “is dependent upon the investigator’s ability to communicate effectively with the subject and correctly interpret the subject’s responses to questions.” An investigator who does not speak the same language as the interview subject decreases his or her ability to develop information and to assess the credibility of the information.

If an international student-athlete (who is not fluent in English or has other language-related barriers) is interviewed during an internal investigation, the best case scenario is for the student to be interviewed by a trained investigator who speaks the student’s native language. If a trained investigator is unavailable, then an interpreter is necessary. The investigator should use the following best practices if he or she uses an interpreter during an interview:

1. The interpreter should be a neutral party (e.g., not involved in a professional or personal relationship with the student).

2. The interpreter should be fluent in English and the student’s native language.

3. The interpreter should possess an “understanding of the subject’s cultural background, religious beliefs and value system”.

4. The interpreter should be able to discuss and provide accurate interpretations of emotional or highly sensitive topics.

The Michael L. Buckner Law Firm has experience using an interpreter during investigation interviews. Feel free to contact attorney and private investigator Michael L. Buckner (954-941-1844; mbuckner@michaelbucknerlaw.com) if you need additional information on using interpreters during investigation interviews.

Sources: Michael L. Buckner, Athletics Investigation Handbook: A Guide for Institutions and Involved Parties During the NCAA Enforcement Process (New York: iUniverse, 2004); “The Use of an Interpreter During an Interview”, PoliceLink (available at http://policelink.monster.com/training/articles/1963-the-use-of-an-interpreter-during-an-interview).

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Issues of Collegiate Administration Best Practices can be downloaded on the “Best Practices and Information Nuggets” page of the Michael L. Buckner Law Firm website (http://www.michaelbucknerlaw.com).

You can contact Michael L. Buckner, Esquire, P.I., (954-941-1844; mbuckner@michaelbucknerlaw.com) if you have any questions on this issue or need to address a complex NCAA enforcement investigative or appellate issue.

The Michael L. Buckner Law Firm, a boutique legal and investigative firm, assists college and university presidents, general counsel and athletic directors address complex NCAA enforcement investigations and appeals. The law firm website can be found at http://www.michaelbucknerlaw.com.

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Keywords · Michael Buckner Law · NCAA · college sports

Name: Michael L. Buckner
Organization: Michael L. Buckner Law Firm
Email:
Phone: (954) 941-1844 (Office)
URL: http://www.michaelbucknerlaw.com

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