In the Workplace. Once an employer receives a report of alleged sexual harassment, discrimination and/or retaliation, the employer should promptly launch an investigation into the complaint. The Massachusetts Commission Against Discrimination (MCAD) requires these investigations to be conducted even if the complaining person has filed a lawsuit. While a designated individual such as a Human Resource Director, Town Manager or School Superintendent may be able to perform the investigation, it is often advisable to retain an external, independent investigator to analyze the situation promptly and thoroughly in order to avoid possible internal conflicts, to prevent retaliatory actions and to help avoid future litigation.

With 35 years of experience as a litigator conducting countless depositions, Judy is adept at interviewing witnesses and making critically important credibility assessments. In recent times, Judy completed a months-long independent, external investigation of claims of sexual harassment, hostile work environment, racism and retaliation in a police department where she oversaw the complex investigation of alleged misconduct over the course of many years. 

Given her work in the Attorney General’s Administrative Law Division, as a legal advisor to State Ethics Commissioners in public hearings, as a Hearing Officer-Consultant for the Massachusetts Board of Education and in private practice, Judy knows how to navigate these sensitive situations, making findings of facts, writing thorough and well-documented reports of the results of investigations and recommending remedial measures, if requested. Having successfully completed MCAD’s certified training course, she is included on its referral list for discrimination investigators.

In Schools. As with employment claims of discrimination and harassment, schools must promptly investigate civil rights claims of sexual harassment, discrimination and retaliation involving students. The Massachusetts anti-bullying statute and regulations also require that schools quickly investigate claims of bullying directed against students, even if the claims are reported to the police or other authorities. While School Assistant Principals or other administrators may be able to conduct such investigations, again it is often advisable to have an external, independent investigator review the complaints, especially complex ones and/or ones that may implicate systemic issues within a district. Having successfully represented and advised school districts and families concerning Title IX, discrimination and bullying complaints, Judy is well-versed in conducting such investigations and advising school administrators and families about how to resolve these issues. Judy also is ATIXA-certified to conduct independent investigations of Title IX claims under the 2020 regulations, which require that the investigator and decision maker be different individuals.

In Ethics Matters. Conflicts of interest under Massachusetts law, G.L. c. 268A, often arise at the state and municipal level, especially in smaller cities and towns where individuals and their relatives or friends may serve in multiple government roles and also work locally and/or serve on local non-profit boards. While municipalities and state agencies may be able to conduct their own investigations of claims of sensitive state ethics law violations, government entities often elect to have an external, independent investigator conduct such investigations in order to avoid claims of partiality in highly charged political environments and to assist with often complex applications of the state ethics law. Judy’s unique perspective as a former General Counsel to the State Ethics Commission and a former Assistant Attorney General position her to provide expert investigations into complex, alleged violations of the conflict of interest law and to explain the results in simple, clear and comprehensible non-legal language.