Witness Credibility:Dream or

Nightmare

Terri Wellman LPN, NC Board of

Nursing

Presented at the 2004 CLEAR Annual ConferenceSeptember 30 – October 2 Kansas City, Missouri

Presented at the 2004 CLEAR Annual ConferenceSeptember 30 – October 2 Kansas City, Missouri

Witness Credibility: Dream or Nightmare, A

Board Members Perspective

Presented at the 2004 CLEAR Annual ConferenceSeptember 30 – October 2 Kansas City, Missouri

• As a board member who listens to licensees or witnesses in both administrative hearings and licensure committee meetings, and in talking to those who serve on committees to determine licensee or witness credibility, accessing credibility can be either a dream or total nightmare.

Presented at the 2004 CLEAR Annual ConferenceSeptember 30 – October 2 Kansas City, Missouri

What is witness or licensee credibility

• The determining of how accurate or forthright the licensee or

witness is with the facts, truth, and the ability to relay

information in the case being heard.

Presented at the 2004 CLEAR Annual ConferenceSeptember 30 – October 2 Kansas City, Missouri

Factors that help and assist in determining

credibility • Board investigator who gathers the facts and presents an accurate record

and case of fact.

• Discipline and compliance departments that follow the licensee throughout the discipline process and presents facts in

an organized summary

Presented at the 2004 CLEAR Annual ConferenceSeptember 30 – October 2 Kansas City, Missouri

• Hearing or committee members must pay full attention to all

information presented both verbally and non verbally, while not

allowing their own emotions to show

i.e., if a licensee begins to cry or tell a sad story it can create a snowball

effect.

Presented at the 2004 CLEAR Annual ConferenceSeptember 30 – October 2 Kansas City, Missouri

Useful terms for board members learning to

ascertain witness credibility:

Substantive Impeachment: • the contradiction, inconsistency

and incoherence of what the witness is saying

• EXAMPLE: 1) the licensee has had 6 drug screens. 4 pass, 2 fail due to being “dilute”. You ask the licensee why?

Presented at the 2004 CLEAR Annual ConferenceSeptember 30 – October 2 Kansas City, Missouri

• Licensee answers he/she not aware screen was “dilute”. You ask the licensee were

you not instructed how to prevent a “dilute” screen ? Licensee answers NO. You have supporting documentation the licensee was instructed how to prevent a “dilute screen, yet the licensee maintains

he/she was not told.• Licensee is going to AA/NA working the 12

step program yet can not accurately recite the step he/she working.

Presented at the 2004 CLEAR Annual ConferenceSeptember 30 – October 2 Kansas City, Missouri

• Motivational Impeachment: (bias and character) this is where the licensee

feels all others are against him or her, or that he/she is being targeted or “set-up”. The licensee truly feels he/she did nothing wrong even when the evidence

and facts are different.

• Behavioral Impeachment: (persons “demeanor”) This behavior involves body language and is comprised of

three non verbal cues: Face, Body and Voice.

Presented at the 2004 CLEAR Annual ConferenceSeptember 30 – October 2 Kansas City, Missouri

• Three Nonverbal Cues

Face

Body Language

Voice

Presented at the 2004 CLEAR Annual ConferenceSeptember 30 – October 2 Kansas City, Missouri

Why is witness credibility from a board member perspective important?Mandate of the north Carolina board of nursing is to protect the public,

therefore it is extremely important that each member of the regulatory board, look and listen to not only the facts of the case being heard, but also the licensee or witnesses

behavior and body language.

Presented at the 2004 CLEAR Annual ConferenceSeptember 30 – October 2 Kansas City, Missouri

• It is important to remember that the licensee or witness may be very nervous, due to being the center of attention and may or

may not have an attorney present to help coach them thru the

process.

Presented at the 2004 CLEAR Annual ConferenceSeptember 30 – October 2 Kansas City, Missouri

Does this look

Like someone you

Have seen before?

Nervous Ned

Presented at the 2004 CLEAR Annual ConferenceSeptember 30 – October 2 Kansas City, Missouri

Vocal Credibility Characteristics:

• Volume – maintains same Level.• Pitch – maintains same tone - is

relaxed.• Rate – talks with a steady speed.• Gives aura of self-confidence with

effective communication ( words flow with ease).

• Given a situational question can answer fluently without hesitation.

Presented at the 2004 CLEAR Annual ConferenceSeptember 30 – October 2 Kansas City, Missouri

Perceived Credibility Gap:• Hedging – using words such as

• Pitch inconsistency – high pitch one minute then very soft and hard to hear or understand.

• Slow to answer questions as if unsure of self.• Wanders off topic, evasive, unable to answer

situational questions.

“sort of “ “I think “

“um” “well” “uh”

Presented at the 2004 CLEAR Annual ConferenceSeptember 30 – October 2 Kansas City, Missouri

Body and Face Credibility:

• Appearance – the witness or licensee is dressed neatly and appropriately.

• Makes good eye contact with the board members or persons asking the question.

• Sits with open upright posture• Presents him or herself as confident• No fidgeting• Pleasant facial expressions.

Presented at the 2004 CLEAR Annual ConferenceSeptember 30 – October 2 Kansas City, Missouri

Perceived Credibility Gap:• Inappropriately dressed – shorts,

jeans,untidy appearance unkempt• Wrings hands• Fidgets• Lack of facial expression –

emotional flatness.• Poor eye contact – unable to look

at board members, looks at the floor or at the table.

Presented at the 2004 CLEAR Annual ConferenceSeptember 30 – October 2 Kansas City, Missouri

• Rigid posture or frequent postural shifts.

• Rapid foot/leg movements or nail tapping.

Poor eye contact Posture

Wrings hands

Presented at the 2004 CLEAR Annual ConferenceSeptember 30 – October 2 Kansas City, Missouri

Other Factors:• Are there friends, family, support persons acting as a support system with the licensee or witness? If so observe their nonverbal and

verbal cues also.

• Do they act surprised by what or how a licensee or witness answers questions?

• Can they provide for the licensee or witness consistent and collabative information?

• Are the support persons dressed appropriately for the meeting?

Presented at the 2004 CLEAR Annual ConferenceSeptember 30 – October 2 Kansas City, Missouri

Examples:Person still using alcohol or drugs:

• Will usually fail one or more drug screens related to being “dilute” or “positive”

• Makes excuses for not attending AA/NA meetings

• Does not have a sound support system.

Presented at the 2004 CLEAR Annual ConferenceSeptember 30 – October 2 Kansas City, Missouri

• Is unable to throw away old prescription meds or uses someone else’s medication and thinks it does not matter.

• Fails to notify ALL MD’s, including dentists, of their drug problem.

• Wears sunglasses inside during the meeting.

• Wants to know how soon he/she will be able to handle the narcotic keys.

• Is unsure how to handle themselves on a stressful day

Presented at the 2004 CLEAR Annual ConferenceSeptember 30 – October 2 Kansas City, Missouri

• Once all issues of credibility are considered – may still have a problem

that all Board members are not in agreement.

• Board members must then rethink and talk over what was seen and heard.

• Board members must carefully evaluate the information presented and

responses in light of their obligation to ensure safe and competent practice.

Presented at the 2004 CLEAR Annual ConferenceSeptember 30 – October 2 Kansas City, Missouri

• As a board member who sits on Licensure Committee meetings, I

keep first and foremost in my mind, is this licensee safe to

return to nursing practice and would I want him/her to take care

of me or my family member.

Presented at the 2004 CLEAR Annual ConferenceSeptember 30 – October 2 Kansas City, Missouri

• Garfinkle, Marc D. The Hip-Pocket Guide to Testifying in Court. www.njlawnet.com

• Smith, Lindsley Juror Assessment of Veracity, Deception, and Credibility www.uark.edu.org

• Varinsky, Howard Non-Verbal Communication Enhances Witness Credibility, May 1992 www.varinsky.com

Presented at the 2004 CLEAR Annual ConferenceSeptember 30 – October 2 Kansas City, Missouri

• Terri Wellman, LPN, CCHP• North Carolina Board of Nursing• P. O. Box 2129 Raleigh NC 27602• 919-782-3211• Fax 919-781-9641• nanaterri@hotmail.com• www.ncbon.com