An Administrator's Guide to California Private School Law

Chapter 12 - Investigations

Do not forget, and always be vigilant about employees’ and students’ right to privacy! Investigators should not be allowed to review personnel or student files at will. Remember that unless the investigator is the custodian of the files, the investigator should have access to relevant information in the files only and that access should be on a need-to-know basis. 2. P RIOR C OMPLAINTS The investigator should typically review records of prior complaints against the alleged perpetrator, and records of prior complaints by the complainant. Other meritorious complaints against the alleged perpetrator could be used to establish a pattern of misconduct, whereas, unfounded complaints by the complainant may reflect on his or her credibility. Prior unfounded complaints by the complainant might also reflect on the reasonableness of the complainant’s perception of the alleged perpetrator’s conduct. C. D OCUMENTARY A ND P HYSICAL E VIDENCE Aside from background documents, there might be other documentary evidence, as well as physical evidence, that could be “smoking gun” evidence as to whether the misconduct occurred. Physical evidence could also be the determining factor in making credibility decisions. Physical evidence in a student bullying investigation, for example, could include:  Texts or emails with profanity and threats sent to the complainant from the alleged wrongdoer;  Notes with insulting names such as “loser” “jerk” and “geek” taped on the complainant’s locker;  School attendance records to prove when the students were or were not at school;  Photos or videos from other sources, such as cellphones; and  Posts on Facebook, Instagram, and other social media by the alleged wrongdoer. LCW Practice Advisor Originals and/or copies of all relevant physical evidence should be kept in the binder!

D. I NTERVIEWS

1. G OALS O F T HE I NTERVIEWS The purpose of interviewing the complainant, alleged wrongdoer and witnesses is to gather basic and relevant facts in order to determine what occurred.

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 447