Finding the Facts - Disciplinary and Harassment Investigation

4. H ARASSMENT I NVESTIGATIONS : A CCOUNTABILITY , C ONTINUITY AND E XPERIENCE Accountability, continuity and experience are particularly important for discrimination and harassment investigations. The investigator should be knowledgeable in the area of discrimination and harassment, including the district’s policies and procedures that prohibit harassment and the type of conduct being investigated, as well as being experienced investigating these complaints. 5. R EPORT -W RITING A BILITY The investigator must have the ability to compile and analyze the data from the investigation in a concise and organized manner. A good report will include any needed credibility assessments and will support conclusions with specific factual evidence. The investigator must understand the difference between making factual findings and inappropriate conclusions of law. B. W HEN TO U SE AN O UTSIDE I NVESTIGATOR In certain circumstances, an district may want to consider using someone from outside the district to conduct the investigation. An outside investigator should be considered when the alleged harasser is a high level employee or official in the district. When the accused harasser is someone in such a position, it may be difficult to find someone within the district who could perform an unbiased and impartial investigation. An outside investigator should also be considered if the investigation is complex. Investigations can be very time consuming. It may be more efficient to have the investigation conducted by someone outside the district who can devote the time necessary to conduct a prompt and thorough investigation. There may also be multiple other reasons for considering an outside investigator.

C. I NVESTIGATOR D ETERMINES THE F ACTS

The district should direct the investigator to gather facts, make any needed credibility determinations, prepare factual findings and issue a report (which will likely be discoverable). The district attorney (not an attorney investigator) can then conduct a legal analysis and develop conclusions about the conduct, potential liability and similar legal issues. This legal report would probably be privileged and not subject to disclosure unless the district chose to disclose it.

The district should clearly communicate to the investigator the scope of the investigation.

Disciplinary and Harassment Investigations ©2019 (e) Liebert Cassidy Whitmore 23