Facing a Title 38 Administrative Investigation Board (AIB) Investigation? Here’s What You Need to Know

If you are a Title 38 federal employee and you are facing disciplinary action related to your employment, you may need to appear before an Administrative Investigation Board (AIB). Facing an AIB investigation is a serious matter, and avoiding unnecessary adverse consequences requires an informed and proactive approach. This means that you need an experienced Connecticut federal discrimination attorney on your side.

When you hire an experienced Connecticut federal discrimination attorney to represent you, your attorney will walk you through the AIB investigation process, prepare you for the investigation, and represent you every step of the way. Your attorney will also assist with documenting your AIB investigation—including documenting any issues that may provide you with grounds to file an appeal if the investigation results in unwarranted disciplinary action.

While every AIB investigation is unique, here is a general overview of what Title 38 federal employees need to know:

Why Are You Facing an AIB Investigation?

If you are facing an AIB investigation, one of the first questions you need to answer is, “Why?” Generally speaking, AIB investigations are used to gather information about suspected misconduct (or other conduct warranting disciplinary action) within the Title 38 federal employee population.

But, to defend yourself effectively during an AIB investigation, you need to know the specific reason why the AIB has been convened. What type of misconduct are you being accused of committing? Are you being accused of systemic noncompliance with agency policies or procedures? How did the allegations come about? Answering these questions will be critical to making informed decisions about your defense.

Administrative Investigation Boards do not have the authority to impose disciplinary action directly. Instead, AIBs make recommendations to agency leadership regarding appropriate disciplinary action against Title 38 federal employees. However, since AIB recommendations often carry substantial weight in disciplinary decision-making, it is imperative that those who are facing AIB investigations protect themselves by all means available.

Who Are the Members of an Administrative Investigation Board?

Administrative Investigation Boards are generally composed of peers of the Title 38 federal employee who is under investigation. The members of an AIB will work together to collect and examine evidence that is relevant to the alleged misconduct at issue, including conducting interviews and gathering relevant documentation. To reduce the risk of bias, no members of an AIB should be personal acquaintances of the employee who is under investigation, and no members of the AIB should in any way be implicated in the alleged misconduct at issue.

What Are Your Legal Rights During an AIB Investigation?

Title 38 federal employees who are facing AIB investigations have several clear legal rights. When facing an AIB investigation, your legal rights include (but are not limited to):

• The right to legal representation during your AIB investigation
• The right to submit evidence and participate in the investigative process
• The right to a fair, honest, and unbiased assessment of the alleged misconduct at issue
• The right to be free from discriminatory adverse employment action
• The right to know the AIB’s findings and the justification for its findings

While your legal rights are clear, protecting them during an AIB investigation can be challenging. Since the members of an AIB are generally other Title 38 federal employees who do not devote their full-time efforts to federal employment matters, they often will not have a clear and comprehensive understanding of the legal protections (and restrictions) that apply during the process. This is one reason, among many, why it is critical to have an experienced Connecticut federal discrimination attorney on your side.

What Are the Potential Outcomes of an AIB Investigation?

Broadly speaking, an AIB investigation has two potential outcomes: The AIB can recommend disciplinary action, or it can find that no disciplinary action is warranted. Obviously, as a Title 38 federal employee, you are hoping for the latter.

However, if the AIB determines that disciplinary action is warranted, you will need to deal with the consequences. If your agency chooses to act on the AIB’s recommendations, you will face disciplinary action—which could range from a reprimand to removal from the federal workforce. Your agency’s disciplinary action could trigger professional licensing action as well. In this scenario, you will need to decide whether you accept the AIB’s findings and your agency’s decision or if you want to fight for a different outcome.

What if You Disagree with the Outcome of Your AIB Investigation?

If you disagree with the outcome of your AIB investigation, you have the right to file an appeal. For Title 38 federal employees, appealing disciplinary action following an AIB investigation generally involves requesting a hearing before a Disciplinary Appeals Board (DAB). This is a formal legal process that requires experienced legal representation.

What if You Experience Discrimination During (or After) an AIB Investigation?

Despite the protections that exist under Title VII of the Civil Rights Act of 1964, the Rehabilitation Act, the Age Discrimination in Employment Act (ADEA), and other federal statutes, discrimination in federal employment matters is commonplace. If you experience discrimination during an AIB investigation—or if you experience discriminatory disciplinary action following an AIB investigation—this is something that you will want to discuss with an experienced Connecticut federal discrimination attorney right away.

What Are Your First Steps When Facing an AIB Investigation?

With all of this in mind, what are your first steps if you are facing an AIB investigation? In this scenario, you should have two main priorities: (i) gathering and preserving as much relevant documentation as possible and (ii) seeking advice from a Connecticut federal discrimination attorney. At this stage, it is up to you to protect yourself, and you need to ensure that you are making informed and strategic decisions based on the advice of experienced legal counsel.

Request a Confidential Consultation with a Connecticut Federal Discrimination Attorney Today

If you need legal representation for an AIB investigation or if you need advice on your legal rights following an AIB investigation, we invite you to get in touch. Call 410-514-6099 or contact us online to request a confidential consultation with a Connecticut federal discrimination attorney at The Law Firm of J.W. Stafford.