An Administrator's Guide to California Private School Law

Chapter 12 - Investigations

Nevertheless, situations exist where it is advisable to notify the subject employee, early on, of the pending investigation. These include:  When the school’s rules require it;  When a risk of retaliation by the subject employee exists, he or she should be ordered not to retaliate and not to discuss the investigation with co- workers; and  When the nature of the complaint requires separating the complainant and the subject of the investigation. D. C OMMUNICATIONS W ITH T HE B OARD The administration should consult with legal counsel to determine the scope of information to provide to the board, although generally the administration should provide information to the board on a “need to know” basis. It is often necessary to provide updates to the board on the progress of the investigation, particularly when the investigation is of a higher level administrator or involves serious alleged misconduct, safety issues, and /or issues that may result in litigation against the school. The administration should also consider having an attorney present when it communicates with the board so that the communications are protected from disclosure by the attorney client privilege. The board may also consider having the updates provided to an executive committee or a subcommittee of the board, instead of the full board. E. C OMMUNICATIONS W ITH T HE S CHOOL C OMMUNITY A ND T HE G ENERAL P UBLIC In some cases, it might be necessary to communicate with the school community or the general public about the investigation and/or the alleged misconduct that is the subject of the investigation. For example, if the school community and/or the general public learn of the alleged misconduct, it might be advisable to make a statement to retain the school community’s trust and the credibility of the school and the school leadership. When making a statement, the school should consider:  Whether it may lawfully notify the school community/general public, and if so, what may be said? For example, there may be privacy issues that prevent the school from making a statement or at least limit what the school may say.  The impact on the morale of students, families, faculty, and staff. The school should also determine who will respond to any questions about the investigation – e.g., the Head of School, the Board Chair. The school may also want to have statements or talking points prepared for the Head of School and the Board Chair. The school may also want to distribute directions to other school administrators and other Board members to refer any inquiries about the investigation to the Head of School or Board Chair.

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 443