False positive. Can the examiner be sued for defamation?

[bulletproof_chris]

Sorry for the long post, but I promise it's worth a read.

I'm guessing I signed something that relieved the examiner from liability but this reeks of corruption.....

I went to a pre-employment polygraph dressed very casually after doing some yard work, being dirty and sweaty. The examiner (ex police officer) didn't like me from first sight and told me to remove my hat. I handed him a list of 100% truthfully answered question. He said, "If you do any of that crap they teach you on the internet I'll stop the exam right away." I had never read anything about polygraphs on the internet so I didn't mind what he said.
He interrogated with me without me hooked up for a while, taking notes of everything he can make sound ugly. The actual questions on the polygraph were easy and I answered them all truthfully all 3x I was asked. At the end he said I showed deception on one of the questions and slyly tried to get me to confess. I told him no way, that's a mistake, I answered truthfully. He became frustrated and told me the test is over and he'll look at it more after I leave.
The company told me my conditional offer letter is being rescinded because I was not truthful on my application. I immediately called the polygraph examiner and asked him what I failed for. He wouldn't tell me anything on the phone. I told him I remember reading that I can get a copy of the results and he answered me like, "uh, oh yeah but you'll have to send me $2 for that." I told him I also read I can have the audio recording. He sounded reluctant and said that'll cost $25 more.
I mailed him a check for $27, it was deposited, I received the "polygraph report" in the mail along with a shattered CD rom that I assume is supposed to contain the audio recording (I believe this was intentional because he didn't follow procedure). I also want the raw test data to show to another polygraph examiner to get a second opinion. The polygraph report which is what the employer saw, was about 90% notes and from the pre-polygraph interrogation spun in the most disgusting way possible and the words "deception detected" in the part he told me he saw activity during the exam.
Should a polygraph report contain all that informatin NOT in the polygraph exam?

It's also interesting that this guy's success story is all over the internet. He was a police officer, fell off of a ladder, had chronic injuries and got out and bought the polygraph business and a polygraph school and is now doing pre-employment polygraphs for police officers trying to enter THE COUNTY HE WORKED FOR! And surrounding areas. How is that not a conflict of interest? I'm assuming he got a nice big settlement for falling off a ladder and bought that company with our tax dollars and got his buddies to send applicants to him. And this guy is uncovering skeletons in OTHER peoples closets? Hmmmm

[George W. Maschke]

Polygraph operators typically require examinees to sign a liability waiver. I don't know to what extent such waivers have legal effect. It might yet be possible to sue. If you can obtain the audio of your polygraph examination and the raw data from the polygraph instrument, I'd be happy to provide you with a critique.

[Ex Member]

I received the "polygraph report" in the mail along with a shattered CD rom

Try to shatter a CD some time, it's not easy and certainly wouldn't happen in the mail.

[George W. Maschke]

I received the "polygraph report" in the mail along with a shattered CD rom

Try to shatter a CD some time, it's not easy and certainly wouldn't happen in the mail.

It is indeed hard to shatter a CD. But I can envisage how it could possibly happen in the mail, if sent in a paper envelope. There is a special kind of strong cardboard envelope for mailing CDs. If such an envelope were used, then I would indeed be surprised that a CD might break in transit.

In any event, I think that bulletproof_chris' polygrapher ought to send him a replacement CD, or make the recording available to download, at no additional cost.

[Evan S]

bulletproof_chris:

Post the name of your polygrapher.  If you do not feel comfortable doing this, then PM his name, polygraph audio and charts to the admin of this website.  Perhaps Dan Mangan (and the other polygraphers) will score your charts free of charge.

Incidentally, if I were in your shoes, I would have immediately terminated the polygraph upon hearing obscenities ("If you do any of that crap they teach you on the internet I'll stop the exam right away.").

Regards, Evan S

[bulletproof_chris]

His name is Darryl DeBow. I received the report and broken CD yesterday. Called him right away and left a message, tried back a few more times and nothing. I'm being avoided or he's on vacation. I don't have the charts but I hope that's something I'm supposed to be getting. Without that I just have his opinions and I can listen to my scared weak voice over and over taking that horrible test.
I mailed him a request for all docuents bearing my signature, a copy of his license and charts for a 3 sessions of questions. I'll resend it certified first chance I get, I just wanted to get it in the mailbox as soon as possible today.

Thanks Evan, first time though. I wish I knew. I figured I have nothing to hide so....

[Evan S]

Polygrapher Darryl DeBow discusses countermeasures on the following YouTube video:

https://www.youtube.com/watch?v=svd8w29ZAsQ

[Dan Mangan]

bulletproof_chris, it may interest you to know that I, as a candidate for American Polygraph Association president-elect, have been pushing for an examinee bill of rights that would put an end to this kind of BULLSHIT.

I suggest you get an attorney to pressure DeBow to provide you a serviceable copy of his *complete* exam, to include charts, notes, questions sets, examiner worksheet, scores (manual and computerized), consent forms, and, most important, any recordings.

I'll gladly do a QA review at no charge to help determine if there are any actionable elements of abuse, incompetence or malfeasance.

It's time for the polygraph "profe$$ion" to stop looking the other way when this kind of thing happens.

My prediction: The materials that you seek will be either become somehow compromised or otherwise unavailable.

That's how the game is often played, in my experience.

Of course, the examiner in this case may prove me wrong.

But if what you claim is true, I doubt it.

[Ex Member]

I don't have the charts but I hope that's something I'm supposed to be getting.

Polygraph charts are normally kept contained within carefully guarded boundaries.

[bulletproof_chris]

I watched that YouTube video. So someone went to jail for "obstruction of justice" over teaching people how to beat a polygraph. They should call that obstruction of punishment. Punishment is only a small part of the definition for justice. I would say "fairness" is a synonym for justice while punishment is not.
It's not JUST that an untrue negative picture was painted of me to my employer in the name of science. The examiner didn't like my personality and tried his best to fail me, concluding that I was deceptive when I wasn't. I call that an obstruction of justice. He wanted to find a lie that wasn't there!

[bulletproof_chris]

I wish I could read that CD. It isn't blank, I checked. It has some data written to it. I remember breaking a CD before though, it had to be bent past 90°
I've been trying to handle this over the phone and through the mail. I feel like going there and asking for the records in person might be a bad idea. The guy seems like a loose cannon

[Dan Mangan]

bullet_proof chris, don't show up in person. I suggest you get an attorney to pressure the examiner to fork over the file. It would be worth the couple of hundred bucks it might cost.

FYI, some polygraph indu$try apologists like to compare the accuracy of the "test" to that of certain medical tests, such as mammography. (Absurd, I know.)

It would be unheard of for a doctor or hospital to refuse to release their test data in order for the patient to obtain a second opinion on what was originally filmed, measured, scanned or otherwise tested.

Polygraph should be no different.

[Ex Member]

I remember breaking a CD before though, it had to be bent past 90°

I had thought the same thing, but George justly put the brakes on my scandalous thinking. It is possible for that damage to occur if the CD was simply put into an envelope rather than a CD mailer. Mail is machine sorted, so it is possible that it could have gotten crunched. Also, this fellow is the director of a polygraph school, so I will give him the benefit of the doubt regarding professional integrity until proven otherwise.

[Ex Member]

I watched that YouTube video. So someone went to jail for "obstruction of justice" over teaching people how to beat a polygraph.

Yes, it seems like a waste of tax payer money since Mr. DeBow states in the video that countermeasures are "antiquated" and that polygraph examiners are trained to detect them.

[bulletproof_chris]

I finally got a letter back from the examiner following my request for: All pages of al documents bearing my signature, a copy of the examiner's license, polygraphic charts for all 3 tests, list of questions asked and answers provided, electronic recording of examination.

His reply was:
"Per polygraph regulations 5.4, I am required to make available a copy of any recordings, which I have sent you, and not charge more than $25. If you would like a 2nd copy, please send a check for $25 plus a self-addressed + postage paid envelope of your choice to send it in.
Per polygraph regulations, you are entitled to a copy of my report, which I have already sent you. You are not entitled to any other document, charts or a copy of my license."

As for the lawyer I consulted with, he had very little knowledge of polygraphs but said he would be looking into past cases and such.
So I'm supposed to fork over another $25 and not even get the most crucial part of the test??? What keeps these guys in check then? I'm filing a complaint with the licensing board now but if the regulation doesn't require him to give me the charts (but it does require him to keep them on file) then who can check up on him?