An Administrator's Guide to California Private School Law

Chapter 12 - Investigations

v. Additional Techniques The investigator should use the following additional techniques to obtain all of the necessary information during the investigation:

 Carefully prepare each witness interview outline to make sure it lists open- ended questions designed to illicit the information needed to make factual determinations on the allegations;  Ask clearly worded questions;  Avoid using legalistic words;  Avoid using pro nouns to refer to individuals- use names so there is no ambiguity;  Avoid words and phrases that make or suggest incorrect characterizations or premature conclusions, such as “victim,” “harasser” or “harassing conduct”;  If the witness uses terms such as “harassment” “assault” “retaliation” or “discrimination” ask the witness to describe the exact conduct he or she is referring to and then ask follow-up questions;  Avoid asking compound questions;  Request clarification of slang or unfamiliar words witnesses use;  Be cautious about using slang unless it is clear that the investigator and witness have the same understanding of the word;  Avoid editorializing or commenting on the information provided by the witness or on the matter in general;  Make sure the investigator and witness are not talking over one another; the investigator should finish asking questions before the witness responds and the investigator should not interrupt the witness;  Make sure the investigator is carefully listening to the information being provided by the witness and asking the necessary follow-up questions to get a complete picture of the relevant events and issues;  Avoid interrupting the flow of the narrative and encourage the individual to keep talking and allow the information to emerge;  Establish a chronology by having the witness commit to the order of events and create a timeline;  Ask “What else?” multiple times during the interview, and finish with “Is there anything else you want me to know or that I should know related to what we have been discussing?”;  Invite the witness to contact the investigator with any additional information he or she remembers subsequent to the interview; and  Ask for and obtain all documents identified during the interview.

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 466