Garrity Rights

The Garrity Ruling, also called the Garity Warning, comes out of a 1967 Supreme Court decision (Garrity v. State of New Jersey, 385 U.S. 493, 87 S.Ct. 616, 17 L.Ed.2d 562). At issue was a New Jersey statute which provided that state employees would forfeit their employment if they asserted their Fifth Amendment right to be free of self-incrimination.  The Court held that confessions given under that statute were not admissible in criminal proceedings.

Under Garrity state employees can be disciplined and even dismissed for refusing to answer questions in an internal investigation, but if they choose to provide information under these conditions the information disclosed cannot then be used against them in a criminal prosecution.

If an employee refuses to answer questions during an investigation, s/he must be given a warning that by so doing s/he could be disciplined up to and including termination. S/he must also be advised that the information gathered will not be admissible in criminal proceedings.

GARRITY WARNING

Date and Time: ____________________

Place: ___________________________

Interviewer: _______________________

         This questioning concerns administrative matters relating to the official business of Wayne State University). I am not questioning you for the purpose of instituting a criminal prosecution against you, or for the purpose of securing additional evidence against you in any pending criminal action. During the course of this questioning, even if you disclose information which indicates you may be guilty of criminal conduct concerning this allegation, neither your self-incriminating statement or its fruits will be used against you in a criminal proceeding. You are entitled to all rights and privileges guaranteed by the Constitution and the Laws of the State of Michigan and the Constitution of the United States, including the right to have legal counsel or union representation present with you during this interview. Since this is an administrative matter within Wayne State University you are required to answer questions truthfully and completely.

Do you understand what I have just explained to you?
______Yes               ________No
Do you have any questions concerning what I have just explained to you?
______Yes                 _______No

______________________________________
Signature of Witness

_____________________________________
Signature of Witness

                                                                         _____________________________
Signature of Employee  

AAUP-AFT, Local 6075 - 5057 Woodward Avenue - Suite 3301 - Detroit, Michigan 48202-4050 - Phone: (313) 577-1750 / Fax: (313) 577-8159