An Administrator's Guide to California Private School Law

Chapter 12 - Investigations

 What did [the complainant] do in response to the conduct?  Was anyone else present during the incident?  Who was present during the incident?  Is there anyone else that might have information regarding this complaint?  Who?  What information do you think they might have?  Are you aware of any facts showing that the allegations are not true?  Do you have an explanation for your conduct?  Do you have any documents or physical evidence that relate to this complaint?  Has there been conflict between you and the complainant?  Are you aware of any reason the complainant would make untrue allegations about you?  Have you ever known the complainant to make untruthful statements?  Are you aware of the school’s policies on harassment and discrimination?  What are the school’s policies on harassment and discrimination?

An investigator should allow the alleged wrongdoer a fair opportunity to explain his or her alleged conduct. Without a fair opportunity to respond to each allegation, the investigator cannot prepare a balanced report based on the evidence.

LCW Practice Advisor

iii. Questions For The Witnesses:

 Did you observe any interaction involving [the complainant] and [the alleged] on [date and time]?  What did you observe?  Did [the complainant] respond to the conduct?  What did [the complainant] do in response to the conduct?  Did [the alleged] do anything further after [the complainant] responded?  Have you seen this type of behavior between [the complainant] and [the alleged] before this incident?  Are you aware of the school’s policies on harassment and discrimination?  In general could you describe your understanding of those policies?  Did you report [the alleged’ s] conduct to a supervisor?

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 455