An Administrator's Guide to California Private School Law

Chapter 12 - Investigations

operation. However, there may be situations where the school selects a neutral site as the interview location. If an interview is conducted outside regularly scheduled school/work hours, in the case of an employee interview, if the employee is non-exempt, he or she must be paid overtime for time spent in the interview. In addition, the interview should last for a reasonable period of time only, taking into consideration the complexity of the allegations being investigated. The investigator should take reasonable breaks so the witness can use the restroom, get water or other beverages, and get up and stretch. Also, the investigator may wish to take a break to regroup, to check whether there are any additional questions to ask in a particular line of questioning, or to review documents provided by the witness. The interviews should take place in private locations where the interviewees will feel safe and comfortable. The interviewer should also think strategically about interview locations that will be most comfortable and therefore, most likely to facilitate interviewees to disclose information, such as a neutral location or a location on the interviewee’s “turf.” b. The Interview: Who Should Be Present? Generally, the only persons who should be present during the interview are the investigator, the person being interviewed, and if requested and appropriate, a representative of the individual being interviewed. The investigator should evaluate and determine whether to notify the parent of a minor being interviewed before the interview is conducted and offer for a parent or another adult to be present during the interview. This is an important consideration and often it is appropriate to notify parents ahead of time and offer the opportunity to be present, especially when the student witness is younger, the student being interviewed is the subject or complainant, and/or the allegations involve sexual or other conduct. The investigator should also evaluate whether to have another individual present as a witness and observer during the interview, which is appropriate in certain circumstances. The presence of a third party is particularly useful if the interview is not being tape recorded. If that is the case, an investigator may want to designate the third party to take the interview notes. Also, a third party may be able to help resolve a later dispute about what was stated during the interview. When an interview is not tape recorded, persons interviewed might later deny saying what they communicated during the interview, regardless of what the investigator’s or another individual’s notes state. A third party present during the interview should be able to corroborate the information that was provided during the interview. c. The Interview: Introduction And Admonitions i. Nature Of The Investigation The interview should begin with an introductory statement summarizing the purpose of the interview, the general nature of the allegations being investigated, and the school’s investigatory process. We do not recommend providing individuals interviewed with information beyond the fact that they are being interviewed as part of an investigation into “alleged workplace [or student] misconduct.” This introductory statement should be prepared in advance, in writing, and read to each person prior to the commencement of his or her interview. The Compendium contains sample admonitions to the interviewee. The investigator should also anticipate questions that parties or witnesses might ask and be prepared with appropriate responses. A school may not demand or require as part of the investigation that any employee or student

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 457