An Administrator's Guide to California Private School Law

Chapter 12 - Investigations

 Have you ever socialized with the supervisor outside of work? If so how often?  Have you told me everything about the dinner you think is important? Is there anything else you wish to add?

After drafting the preliminary witness list, the investigator should draft a list of questions for each witness. The investigator should also compile any documents he or she may wish to use

while interviewing each witness. LCW Practice Advisor

After interviewing a witness, the investigator should place the notes of the interview, the draft questions, and any relevant documents presented to or received from the witness, in the binder. All of these items can be placed in the binder behind each individual witnesses’ tab. Notes reflecting the dates and times witnesses are scheduled to be interviewed and are actually interviewed may also be included in the binder.

b. What About The Difficult Questions? The investigator may want to consider saving sensitive and potentially embarrassing questions until the end of the interview. Asking these questions at the beginning of the interview may make the witness defensive and reluctant to provide information. Allegations in harassment complaints, for example, often make people feel uncomfortable and embarrassed. The investigator must not conclude the interview, however, without asking the tough questions. c. Follow-Up Questions: Don't Forget To Ask! Even though the investigator has prepared a list of questions beforehand, the investigator must not forget to follow up on answers to these questions with additional questions. The list of questions should be used as a guide only. Witnesses often provide information that was not expected. The investigator should pursue this information with follow-up questions. The investigator should ensure that he or she follows up and obtains all relevant information that he or she will need to make the necessary factual determinations. The investigator must be thorough and should ask every witness who else might have seen or might know of the alleged incidents; how to contact those individuals (if they are no longer with the school); why the witness believes those individuals might have additional information; and what information those individuals might have. d. Questions For The Complainant The investigator should conduct a very thorough interview of the person who made a complaint that misconduct occurred. In addition to gathering facts supporting the alleged incidents of misconduct, the complainant should be asked if he or she ever discussed the allegations with anyone. If so, with whom, and when? If so, what did the complainant tell him or her? If not, why not?

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 451