Finding the Facts - Disciplinary and Harassment Investigation

excellent resource that should be consulted in conducting any type of investigation concerning employees.

a. School Districts On certain occasions, school districts are required to provide information relating to the results of an investigation and any corrective action that will be undertaken. The employer should review any applicable complaint procedures, board policies and administrative regulations. School districts should be aware that the Title 5 Uniform Complaint Procedure requires them to provide the complainant with a copy of the district’s “Decision.” The Decision must be provided no later than sixty (60) days after the complaint is filed and should contain the following:

 The findings of fact based on the evidence gathered,

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Conclusion of law,

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Disposition of the complaint,

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The rationale for such disposition,

 Corrective actions, if any are warranted,

 Notice of the complainant’s right to appeal the Decision the State Department of Education, and  Procedures to be followed for initiating an appeal to the State Department of Education. 29 b. Community College Districts Title 5 of the California Code of Regulations requires that districts investigate and attempt to resolve complaints alleging violation of state and federal anti-discrimination laws. 30 It sets forth the specific procedures districts must follow when handling discrimination complaints filed by students and employees. 31 Title 5 also mandates that districts implement formal complaint procedures. 32 But while Title 5 provides guidance regarding the investigation process districts must follow in terms of deadlines and notifications, it does not establish the specific investigation procedures to be used. Instead, that is left to the district. 33 For complainants who choose to utilize the complaint processes established by Title 5, then Title 5 procedures govern. Complaints alleging a violation of Title 5 must be filed with either the Chancellor of the Community Colleges or the district official designated to receive such complaints. Employment-based complaints must be filed within 180 days of the date of the alleged unlawful act. 34 LCW recommends that complaints filed after 180 days should still be fully investigated although the procedures will not be governed by Title 5. Within 90 days of placing an academic employee on involuntary paid administrative leave, the employer should complete its investigation of the accused misconduct and initiate disciplinary proceedings against, or reinstate, the employee. 35

Disciplinary and Harassment Investigations ©2019 (e) Liebert Cassidy Whitmore 14