An Administrator's Guide to California Private School Law

Chapter 15 – Student Discipline

Schools should give careful thought as to whether to adopt a formal investigation procedure. While a formal investigation procedure may serve as a step by step guide for a school, it may also deny the school needed flexibility to conduct the investigation as appropriate depending on the underlying allegations. Importantly, if a school chooses to adopt a formal disciplinary investigation procedure, the procedure will generally become a part of the contractual obligations of the school. As such, the school must adhere to the investigation procedure. The failure to follow the procedure could result in liability for breach of contract, and could render a disciplinary decision to be deemed unfair or arbitrary and capricious. While written procedures are not always necessary, a school should at a minimum have someone on staff trained in how to conduct investigations. If a school uses an outside investigator, it is important to make sure that the investigator’s methods comply with the school’s own standards and processes. For example, if a school policy requires a written report, then the outside investigator must be directed to provide one as part of his/her services.

LCW Practice Advisor

LCW Practice Advisor

B. G ATHER D ETAILED A ND C ONCRETE F ACTS , N OT O PINIONS . The goal of a disciplinary investigation is to gather basic and relevant facts to determine what occurred and if the student engaged in misconduct. The investigator should focus on answering the following questions:  What happened?  Who was involved?  Who were the witnesses?

 How did it happen?  When did it happen?  Where did it happen?  Why did it happen?  Do you have a copy (of any documents, emails, photos, etc.?)

Generally, in order to gather this information, the investigator will be required to speak with witnesses. Remember that the purpose in speaking with witnesses is to obtain facts. Often,

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