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Rights
& Obligations
What are my rights?
Representation: Employees
are not entitled to any representation
during an internal administrative interview. You
will be entitled to representation in any disciplinary
hearing that may result.
Garrity Rights: Statements
made in a compelled interview may not be
used against the employee in a criminal proceeding.
Notice of Investigation: An
employee under investigation that declines to answer
questions and is compelled to answer is entitled to a
written Notice of Investigation specifying the
allegation/s before being interviewed or before being
required to submit written documentation.
Copy of Interview: An
employee under investigation has a right to a copy of
his/her recorded or written interview.
What are my obligations?
Truth: When answering
questions relating to the employee's duties and/or
conduct, an employee must answer
truthfully.
Duty: All employees have a
duty to cooperate in all criminal and
administrative investigations. Failure to do so
may result in disciplinary action. Employees may refuse
to answer criminally incriminating questions during a
criminal investigation.
Scope: An involved employee
must truthfully answer questions regarding any criminal
or administrative investigation when ordered or directed
by a supervisor or ADOC investigator.
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