An Administrator's Guide to California Private School Law

Chapter 12 - Investigations

The reasons for this instruction, according to the DFEH’s Workplace Harassment Guide, are:  If the complaint is of a potential violation of law or policy, the employer will need to investigate, and in the process of investigating it is likely people will know or assume details about the allegations, including the identity of the person who complained. This is true even when the name of the complainant is kept confidential since allegations are often clear enough for people to figure out who complained about what.  The individual receiving the complaint will usually have to consult with someone else at the company about what steps to take and to collect information about whether there have been past complaints involving the same employee, etc. That means the complaint will be discussed with others within the organization.  The company may need to take disciplinary action. Again, while the identity of the person who brought the complaint may in some cases be kept confidential, the complaint itself cannot be. 1961 The investigator must always bear in mind that anything he or she says to witnesses, writes in a report, or even in personal notes, could become the subject of litigation or be disclosed as part of litigation. This emphasizes the need for a methodical approach, affording fairness to all witnesses in the process, and safeguarding the maintenance of confidentiality, to the extent possible. vi. Methods Of Recording Interviews: To Tape Record Or Not To Tape Record? It is strongly recommended that the interviews of the complainant, the individual alleged to have engaged in wrongdoing, and witnesses be tape recorded. It is imperative that the investigation provide an accurate and reliable record of these individuals’ statements and taping the interview is the most effective way to accomplish this. An advantage to tape recording is that it ensures an accurate record. When taking notes, it is often difficult to record all information that is being provided. Also, something that might not seem relevant or important when first stated might later turn out to be a key fact that the investigator might have missed if he or she relies on his or her notes only. The person interviewed might also later forget or deny having said something during an interview regardless of what the investigator’s notes reflect. A verbatim record of what a witness stated during the interview ensures accuracy and provides reliable support for the investigator’s findings of fact. LCW Practice Advisor

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 461