WHAT A POLYGRAPH IS

There is good news and bad news about nervousness.

Taking a polygraph is stressful. EVERYONE taking a polygraph is going to be nervous. That’s the bad news.

The good news is, contrary to what you might have read on the internet or heard, nervousness WILL NOT interfere with the polygraph. So just be nervous. Your examiner will, or should, explain  more about nervousness during your pre-test discussion.

The very best possible advice I can offer to anyone taking a polygraph examination is to listen very carefully to the examiner and follow the examiner’s instructions. The examiner will, or should, explain exactly how the polygraph works, exactly why the polygraph works and give you the opportunity to ask any questions. The examiner will, or should, perform what we call an acquaintance test. The acquaintance test is sort of a practice test to ensure your body is reacting appropriately, to ensure the instrument is properly reading your physiological reactions and to acquaint you with the procedure.

If you are seeking the services of a polygraph examiner you are already experiencing a life crisis. Do not compound that crisis by selecting the wrong examiner! Whatever your crises are, selecting the right polygraph examiner is one of the most important decisions you will make. You should spend as much time searching for an examiner as you would if purchasing a new car. However, unlike shopping for a car, you are not necessarily searching for the lowest price. If you were selecting a surgeon to perform a very delicate procedure would you select the cheapest one or the one that you were confident in and felt comfortable with?

A lot of polygraph examiners have websites and I will never openly criticize another examiner or how that examiner advertises his or her services and credentials but when “shopping” for an examiner keep a few things in mind. Everything that glitters is not gold, talk is cheap, LOOKING fancy is just that, more is not better and you get what you pay for.

So, caveat emptor (let the buyer beware)

Just because an examiner belongs to a multitude of associations, or is “certified”, or has X years of experience and has done X number of examinations does not necessarily mean that examiner is a good examiner. Those X examinations may have been done wrong for some or all of those X years. Polygraphy is constantly evolving and some examiners stay stuck in the past and do not evolve with the science. Belonging to associations is important and I would shy away from any examiner that does not belong to their state and at least one national association. However, association affiliation does not make one a good examiner. Being “certified” does not make one a good examiner either. All being “certified” means in most cases is that an examiner has attended enough seminars and accumulated enough continuing education hours to meet that particular association’s minimum criteria for “certification”. I am now and I have been in the past “certified” by various associations and all I did to get “certified” was attend seminars. Anyone can sit through a seminar. It is what that examiner does with those continuing education hours that are important. Many examiners attend just to get “certified” and go right back to their bad practices because they have been doing this for X years and they have done thousands of exams and their way works just fine. Well, as I said, polygraphy is always evolving and what used to be correct and proper back then may not be, and probably isn’t, proper now. The American Polygraph Association calls it “best practices” and they are constantly updating those practices because, again, polygraphy is always evolving.

When talking to an examiner about your situation ask questions. Ask lots of questions and make sure those questions are answered to your satisfaction.  For example, ask the examiner how many total continuing education hours he or she has and more importantly, how many hours do they have in the past year. In states that require licensure there is typically a minimum number of hours an examiner must have within a certain period to remain licensed. Ask the examiner how many hours they are required to have in a given period to maintain their license. If the examiner you are considering has the minimum or near the minimum number of hours, beware. Beware the examiner that touts their many years of “experience” but has what seems like very few hours of continuing education for that many years of “experience”. You want an examiner that is a sponge and takes advantage of every possible training opportunity. Again, continuing education ALONE does not guarantee the examiner is qualified but it is an important factor to consider how serious they are about their profession.

Beware of an examiner that advertises that he or she is the ONLY examiner that employs current and validated techniques or is better than other examiners because unless that examiner actually observed the other examiners he or she does not have a clue as to what technique the other examiner uses or how efficient that examiner is. Making such a statement, in my opinion, is reckless and very unprofessional and I would even go so far as calling it a fabrication.

Beware of an examiner that will drop his or her stated fee to meet or undercut what another examiner has quoted you. To me, it is unethical for an examiner to do that and it tells me that examiner does not believe he or she is worth his or her fee. Is that the examiner you want to help you deal with what is probably one of the most important circumstances in your life? Respectfully, if you contact me and ask me to reduce my fee because another examiner said he or she will do it for less I will tell you to hire that other examiner and I will remind you that you get what you pay for.

Rather than have this website look like a polygraph encyclopedia I prefer a personal touch.

So, call me and we will discuss YOUR particular and unique situation and I will gladly answer all your questions. After all, how else can you form a solid opinion and make an informed decision as to whether or not you are comfortable with any particular examiner? One of the most important things in selecting a polygraph examiner is does that examiner exude confidence and does that examiner put you at ease.

Polygraph pricing is not one size fits all, so there is no set fee. Several factors go into determining the fee such as the complexity of the issue the amount of time the examiner is expected to spend with the client, what the results will be used for and will the examiner be asked to testify in court as to the results. The fee will be worked out between the examiner and the client. Prior to setting an appointment, the fee must be paid in advance using the MAKE A PAYMENT tab at the top of the home page. Once the money is received, the appointment will be confirmed. If a client fails to arrive within fifteen (15) minutes after the appointment time and does not contact the examiner within that fifteen (15) minutes to advise of a delay, the client will be considered a NO SHOW and will have to reschedule. In order to reschedule the client will be required to pay  a $100.00 NO SHOW FEE.  If the client fails to reschedule the amount of the fee paid in advance will be forfeited.

Except for BONIFIED and VERIFIABLE medical or family emergencies, a client wishing to cancel or reschedule a polygraph appointment MUST cancel or reschedule NO LESS than twenty-four (24) hours prior to the appointment time. Any client that fails to cancel the appointment within twenty-four (24) hours prior to the appointment time will forfeit the polygraph examination fee unless the client reschedules. Any client that fails to reschedule the appointment within twenty-four (24) hours prior to the appointment time and wishes to reschedule will be required to pay a $100.00 rescheduling fee PRIOR to being placed on the polygraph examination calendar. Any client that does not reschedule their appointment will forfeit the prepaid polygraph examination fee.  

In order to be a good candidate for a polygraph examination you must:

1. Be well rested. Do not report for a polygraph test exhausted, lacking in sleep or having over-indulged in alcoholic beverages or used illegal drugs. Make sure you have a light meal before you arrive for your appointment. Do not bring any beverages. Bottled water will be provided at no cost. Continue to take your prescription medications as directed. You will be required to provide a complete list of all prescription and non-prescription medications that you are taking so be prepared. It is a good idea to make the list out beforehand and bring it with you, naming both the brand name and the generic name of the medication. That way you will not forget anything and you will have the correct spelling.
2. Be in good health. No colds, flu, viruses, chronic coughs or fevers or any conditions that causes you pain and/or will prevent you from sitting still for at least five to seven minutes at a time. If any of these conditions are present you will need to reschedule your examination.
3. If you have any chronic conditions that may be aggravated by stress, such as a heart condition, you must bring medical clearance from a doctor specifying that you are well enough to submit to a polygraph. Although a polygraph does not pose any direct health threat, it is stressful. If there is any doubt of whether or not you are suitable for a polygraph, consult your primary care provider. If you are aware of a condition that may be aggravated by stress and arrive for your test without having the proper medical clearance, you will not be permitted to proceed. You will have to reschedule and pay a non-refundable fee of $100.00 prior to being placed back on the polygraph schedule. The portion of the fee paid in advance will kept and applied at the later date. If for some reason you do not reschedule; your fee will be forfeited.
4. If you are pregnant or think you are pregnant you will not be given a polygraph test without a written release from a medical doctor.
5. Please do not bring anyone with you (especially children). This is an individual examination and could last for several hours.
   If you have any conditions that you feel might affect your ability to take the examination, please call as soon as possible but no later than 24 hours.

6. You will be contacted a few days prior to your test so that any questions or concerns you have can be discussed. If you do have any questions or concerns whatsoever and do not want to wait to be contacted, please call.

There are no surprise questions on a polygraph. The examiner will, or should, review each question with the examinee prior to the actual test. The examiner will, or should, ensure the examinee has a clear understanding of each question. To ensure the examinee has a clear understanding of each question, the examiner will, or should, have the examinee explain to the examiner what each question means to the examinee. Polygraph examiners vary in their skills as examiners but none of us are mind readers. So, if the examinee does not understand a question it is the examinee’s responsibility to inform the examiner so they can work it out.

A personal note from David Poston: “Tragically, relationships often become broken because of mistrust. If your relationship has come to that point, I would suggest your money would be better spent on a counselor. However, if you believe a polygraph will assist in resolving your issue, I do administer fidelity/relationship examinations. I prefer a relationship counselor referral but if you are not in counseling and are convinced a polygraph is your only avenue, I will discuss your circumstance and if at the end of our conversation you still believe a polygraph is your best option I will arrange for an appointment.”

Just about everyone that calls about a relationship test uses the word cheating. One partner is suspected of being unfaithful (cheating) in some way, shape or form. Often the person requesting the test will want to turn it into a fishing expedition, requesting the examiner to ask a host of questions. Please understand, a polygraph examination is not a fishing expedition. When it comes to cheating, for the person requesting the examination to say they want to find out of the other person has cheated on them is much too broad, not everyone has the same definition of cheating.

I have given cheating a definition that should encompass all aspects of that word and satisfy the issue. Simply put, cheating is having sexual contact with someone other than the examinee’s partner. The definition I have given to sexual contact is the following.

Sexual contact includes: the examinee (person taking the polygraph) touching or fondling any part of someone else’s body for the examinee’s or the other person’s sexual gratification or someone touching or fondling the examinee’s body for their or the examinee’s sexual gratification; the examinee masturbating someone or someone masturbating the examinee; the examinee performing oral sex on someone or someone performing oral sex on the examinee; the examinee performing anal sex on someone or otherwise stimulating their anus or someone performing anal sex on the examinee or otherwise stimulating the examinee’s anus and penal/vaginal intercourse; touching for sexual satisfaction, sexual stimulation, sexual pleasure and fulfillment of a sexual desire or curiosity.

Sexual contact also includes Cybersex. For polygraph testing purposes, Cybersex is any communications via electronic media for sexual satisfaction, sexual stimulation, sexual pleasure and fulfillment of a sexual desire or curiosity. Some examples are: 

Phone Sex

Sex talk or “dirty talk” for  sexual satisfaction, sexual stimulation, sexual pleasure and fulfillment of a sexual desire 

Sexting

Sexting, or “sex texting,” involves sending sexually explicit or sexually suggestive messages, emojis, and images to a partner for sexual satisfaction, sexual stimulation, sexual pleasure and fulfillment of a sexual desire  .

Webcam Sex

Webcam sex is exactly what it sounds like. Two—or more—people open up webcams and engage with each other sexually using communication tools such as FaceTime or Skype.

Teledildonics (also known as Cyberdildonics)

Teledildonics refers to the use of connected sex toys. For example, the category includes vibrators whose vibrations are controlled by the Internet or by app.

If there are any other aspects of cheating the examinee or the person requesting the examination wish to include in the definition of cheating, that can be incorporated.

EMPLOYEE POLYGRAPH PROTECTION ACT (EPPA)
EMPLOYEE THEFT, INDUSTRIAL ESPIONAGE OR SABOTAGE

Section 801.12 of the Employee Polygraph Protection Act (EPPA) provides exemptions under the act for an employer that is conducting an investigation into economic loss or injury.

Below are excerpts from that law. Keep in mind, they are only excerpts. EPPA can be quite complicated and easily violated without proper guidance. If you are an employer even considering requesting an employee submit to a polygraph, DO NOT even say the word polygraph in that employee’s presence before consulting a polygraphist that is knowledgeable of EPPA intricacies and competent in guiding you through each step. I have a complete EPPA package that I will send to you that will properly prepare you and your employee, to include all necessary forms, and, if followed, you will avoid violating federal law. My initial consul in EPPA matters is PRO BONO.

Section 801.12 Exemption for employers conducting investigations of economic loss or injury.

(a) Section 7(d) of the Act provides a limited exemption from the general prohibition on lie detector use in private employment settings for employers conducting ongoing investigations of economic loss or injury to the employer’s business. An employer may request an employee, to submit to a polygraph test, but no other type of lie detector test, ONLY IF—  

ALL ELEMENTS MUST BE MET

(1) The test is administered in connection with an ongoing investigation involving economic loss or injury to the employer’s business, SUCH AS theft, embezzlement, misappropriation or an act of unlawful industrial espionage or sabotage;

(2) The employee had access to the property that is the subject of the investigation;

(3) The employer has a reasonable suspicion that the employee was involved in the incident or activity under investigation;

(4) The employer provides the examinee with a statement, in a language understood by the examinee, prior to the test which fully explains with particularity the specific incident or activity being investigated and the basis for testing particular employees and which contains, at a minimum:

(i) An identification with particularity of the specific economic loss or injury to the business of the employer;

(ii) A description of the employee’s access to the property that is the subject of the investigation;

(iii) A description in detail of the basis of the employer’s reasonable suspicion that the employee was involved in the incident or activity under investigation; and

(iv) Signature of a person (other than a polygraph examiner) authorized to legally bind the employer; and

(5) The employer retains a copy of the statement and proof of service described in paragraph (a)(4) of this section for at least 3 years and makes it available for inspection by the Wage and Hour Division on request.

The ongoing investigation must be of a specific incident or activity.

(c) (1) (i) The terms “economic loss or injury to the employer’s business” include both direct and indirect economic loss or injury.

(ii) Direct loss or injury includes losses or injuries resulting from theft, embezzlement, misappropriation, industrial espionage or sabotage.

(iv) Indirect loss or injury also includes theft or injury to property of another for which the employer exercises fiduciary, managerial or security responsibility, or where the firm has custody of the property.

“Property” refers to specifically identifiable property, but also includes such things of value as security codes and computer data, and proprietary, financial or technical information, such as trade secrets, which by its availability to competitors or others would cause economic harm to the employer.

REASONABLE SUSPICION

Prior to an employer requesting an employee to submit to a polygraph examination that employer MUST  have reasonable suspicion that employee was involved in the incident under investigation.

“Reasonable suspicion” refers to an observable, articulable basis in fact which indicates that a particular employee was involved in, or responsible for, an economic loss. Information from a co-worker, or an employee’s behavior, demeanor, or conduct may be factors in the basis for reasonable suspicion. Likewise, inconsistencies between facts, claims, or statement that surface during an investigation can serve as a sufficient basis for reasonable suspicion, the totality of circumstances surrounding the access or opportunity (such as its unauthorized or unusual nature or the fact that access was limited to a single individual) may constitute a factor in determining whether there is a reasonable suspicion.

The employer has the burden of establishing that the specific individual or individuals to be tested are “reasonably suspected” of involvement in the specific economic loss or injury for the requirement in section 7(d)(3) to be met.

The statement required under paragraph (a)(4) of this section must be received by the employee at least 48 hours, excluding weekend days and holidays, prior to the time of the examination.

***** WARNING TO EMPLOYERS *****

VIOLATING EPPA

Any employer who violates EPPA is subject to a civil penalty up to $10,000.00 for EACH violation.

Below is an excerpt from section 801.42 of EPPA governing violations.

Any employer who violates this Act shall be liable to the employee or prospective employee affected by such violation for such legal or equitable relief as may be appropriate, including, but not limited to, employment, reinstatement, promotion, and the payment of lost wages and benefits.

Section 801.42 Civil money penalties � assessment.

(a) A civil money penalty in an amount not to exceed $10,000 for any violation may be assessed against any employer for:

(1) Requiring, requesting, suggesting or causing an employee or prospective employee to take a lie detector test or using, accepting, referring to or inquiring about the results of any lie detector test of any employee or prospective employee, other than as provided in the Act or this part;

(2) Taking an adverse action or discriminating in any manner against any employee or prospective employee on the basis of the employee’s or prospective employee’s refusal to take a lie detector test, other than as provided in the Act or this part;

(3) Discriminating or retaliating against an employee or prospective employee for the exercise of any rights under the Act;

(4) Disclosing information obtained during a polygraph test, except as authorized by the Act or this part;

(5) Failing to maintain the records required by the Act or this part;

(6) Resisting, opposing, impeding, intimidating, or interfering with an official of the Department of Labor during the performance of an investigation, inspection or other law enforcement function under the Act or this part; or

(7) Violating any other provision of the Act or this part.