An Administrator's Guide to California Private School Law

Chapter 12 - Investigations

W RITING THE R EPORT

Section 7

A. C ONTENTS O F T HE R EPORT The investigation report sets forth the evidence gathered, the factual findings and the analysis supporting the findings. There are a number of ways to prepare a written report. We recommend the following general outline/organization for the written report, though depending on the nature of the allegations, whether there are multiple complainants or alleged wrongdoers, or other factors, modifications to this general outline/organization may be appropriate:  Introduction and nature of the allegations.

 Methodology of the Investigation. This section should include the investigative process, persons interviewed, and documents gathered.  Summary of Relevant Facts. The organization of this section of the report can vary and depends on the complexity and nature of the investigation.  Findings of Fact. Sustain or not sustain each allegation and discuss the factual basis, the witness testimony, and documentary evidence relied on to make the factual findings, including conflicts in the evidence, of how they were resolved, and credibility determinations.”

The DFEH Harassment Guidelines provide the investigator “should reach a reasonable and fair conclusion based on the information you [the investigator] collected, reviewed and analyzed during the investigation.” Once the investigator has decided on the outline for the report, the written report can be prepared. The Compendium includes a sample written report with examples of language to include in the report. LCW Practice Advisor Always write an objective, balanced report. Avoid taking sides or being swayed by emotion. B. A TTACHMENTS T O T HE R EPORT The investigator should attach relevant documents gathered during the investigation to the written report. Those documents may include texts, Facebook messenger messages, Instagram and other social media posts, letters, emails, videos, cards, photographs, drawings, or other writings and physical evidence or photographs of physical evidence gathered during the investigation. The investigator may also attach transcripts of witness interviews or signed witness statements.

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 473