12/3/19
Tonality
• Compare the following sentences: • TheCommission is investigating a serious incident that occurred very late on the night of January 1, 2014, accusing you of wrongfully accepting a large tip froman elderly gaming patron in clear violation of Section 12 of the gaming ordinance. • TheCommission is investigating an incident that occurred at 12:00 p.m. on January 1, 2014 in which it is alleged that you accepted a tip froma gaming patron in violation of Section 12 of the gaming ordinance. • Note that the tone of the first example can be read to suggest that the Commission has already made up its mind that the allegation is true. The second example simply conveys facts.
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Tonality
• Why is tonality important?
• It affects the agency’s credibility • If, at the investigative stage, the agency has already accepted an allegation as true and has determined the outcome, it becomes vulnerable to challenges in the basis of: • Bias • Unfairness • Due process • Arbitrary and Capricious Decision-making
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