An Administrator's Guide to California Private School Law

Chapter 12 - Investigations

 Do you know if the incident was ever reported to a supervisor?  Has anything changed since the first incident (i.e., has anyone taken an adverse employment action against you or have you received a favorable employment action)?  What do you feel should be done to [the alleged] if the alleged conduct is found to be true?  It is a good idea to ask questions such as, “is that every incident,” or “are there any more” at the end of lists to ensure a complete investigation.

It is important for the investigator to avoid intentionally or unintentionally “discouraging” the complainant from disclosing the allegations during the interview. Therefore, the investigator should not tell the complainant that he or she simply “misunderstood” the alleged wrongdoer, or that proceeding with the investigation will cause him or her embarrassment among coworkers. The investigator should facilitate an open line of communication during the interview to ensure all relevant facts are obtained to support the ultimate findings, and not state preliminary judgments or opinions during the interviews.

LCW Practice Advisor

However, at the same time, the investigator should not “buddy up” to the complainant and disclose otherwise confidential information, such as telling the complainant that the alleged wrongdoer has a “history” with the school. The investigator’s role is to gather the facts, avoid offering personal opinions, and act professionally. ii. Questions For The Alleged Wrongdoer: The investigator should give the alleged wrongdoer an opportunity to respond to each allegation. The investigator should also ask the alleged wrongdoer to identify people who should be interviewed, the information he or she thinks those persons will contribute to the investigation, and whether the alleged wrongdoer has any relevant documents or other evidence. Effective questions include:  Describe your relationship with the complainant?  What is your working relationship with the complainant?  How is your working relationship with the complainant – how do you get along?  Do you recall an incident involving [the complainant] on [date and time]?  What do you recall happened?  Describe what occurred [for each alleged incident]?  Did [the complainant] respond to the conduct?

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 454