I was given two cvsa tests today.Before the first one the tester stated to me that my accuser had passed there test. After the first test the tester said he had made a mistake and,deleted the results of my first test.I then took the test again and,failed.
I'm a Corrections Officer,do I have any rights under the EPPA?
I was given verbal notice over the phone 26 hrs. before I was to take the test and told "you can bring a witness as long as they are not involved with the investigation."
Unfortunately, the EPPA offers no protection to employees of federal, state, and local government agencies. Be aware, however, that CVSA is junk science, and the manufacturer of the device has admitted in court (https://antipolygraph.org/forum/index.php?topic=2047.msg14819#msg14819) that it is not capable of lie detection. See also this ABC News exposé of Charles Humble, the charlatan who is behind CVSA:
https://antipolygraph.org/blog/?p=101
I think it would be best to get a lawyer and seek the help of a union representative, if you have one.
Thanks for the reply George,I had guessed that the eppa didn't apply.
I contacted the union as soon as the test was over and,the rep. said it was a simple case of the investegator not getting the results he wanted the first time.That is to say for me to "fail".
Not related to the test but,an example of what some people will do to try to get a false confession.
I stated to the investegator that I had been offered a higher paying position in the private sector and,after the investigation was resolved I planned to resign.
He said"well I can help (resolve the investigation) just admit to anything it dosen't matter if your leaving anyway."