An Administrator's Guide to California Private School Law

Chapter 12 - Investigations

A. C REATE A B INDER Before the investigation begins, the investigator should create a binder to use in gathering, organizing and maintaining information throughout the investigation. At this preliminary stage, the binder should include a copy of the school’s policies and procedures on the conduct alleged, the written complaint or a written summary of the allegations, and any other information the investigator might have that is relevant to the investigation. This binder should be the investigator’s primary tool throughout the investigation for maintaining information gathered during the investigation, such as notes or transcripts of witness interviews and documentary evidence. After the investigator completes the investigation, the investigator should include his or her findings and written report in the binder. B. B ACKGROUND D OCUMENTS At the beginning of the investigation, the investigator should gather and review all relevant documents. The investigator should also keep a list of all of the documents he or she reviews. The investigator should update this list and keep it in the binder, along with a copy of the documents. Relevant documents may include:  The complaint; 1. P ERSONNEL A ND S TUDENT F ILES Documents in employees’ personnel files and students’ records are another source of information the investigator might want to review as a part of the investigation. For example, if an employee or student has been previously disciplined or counseled regarding an incident reflecting his or her trustworthiness, that information might be relevant to making credibility determinations if disputed facts exist. It is not necessarily appropriate, however, for the investigator to review personnel files or student records at the outset of the investigation. Remember, the investigator should not have any preconceived judgments or opinions about the allegations or persons involved. If the investigator learns about prior complaints made by the complainant or against the alleged wrongdoer, or of prior discipline against the alleged wrongdoer, it may affect his or her ability to remain impartial. The investigator should review personnel files or student records only when it becomes necessary and directly relevant to the investigation, e.g., a documented incident that is relevant to the issue of motivation, such as a performance evaluation an accused supervisor claims was the motivation for the employee to claim harassment.  Memoranda or notes of the complaint or alleged incident of harassment;  The school’s anti-harassment or other relevant policies and complaint and investigation procedure; and  Any other relevant school rules.

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 446